SANDEEP AGARWAL Vs. STATE

JUDGEMENT

(1.) THE petitioners preferred this criminal revision petition under Section 397 read with Section 401 of Code of Criminal Procedure against the order dated 23. 6. 2005 passed by Session Judge, Jhunjhunu in Criminal Appeal No. 45/2001 whereby learned Judge has dismissed the appeal filed by the appellants- petitioners and upheld the order dated 24. 7. 2001 passed by Collector, Jhunjhunu in Case No. 100/2001 under Section 6-A of Essential Commodities Act, 1955 (for short hereinafter referred to as `the Act of 1955' ).

(2.) BRIEFLY stated, facts of the case are that on 2. 6. 2001 an information was received at Police Station-Pilani, District : Jhunjhunu from an informer that Kerosene will be transported to Delhi from Jhunjhunu illegally and thereupon at 6. 30 AM a truck was seized near Village-Narhad by the police party consisting of C. I. Nawab Khan, ASI- Narendra Singh and Head Constable-Somdev and others. On search of the tanker/truck, it was found filled with 11000 liters Kerosene, which was of blue and black colour.

(3.) THE petitioners have challenged both the orders passed by the courts below on the ground that the confiscation order could have been passed only when the prosecution has shown that there was deliberate contravention of Clause 3 of Order, 1980 as well as Order, 1993.