MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and perused the order of the Sessions Judge, Jalore, dated 17th March, 1978, whereby the order passed by the Go lector and District Magistrate, Jalore, dated 27th May, 1977, under sec. 6 A of the Essential Commodities Act, 1955, hereinafter referred to as the Act, confiscating the truck alleged to have been carrying essential commodity, i. e. rice, was set aside and the case sent back to the Collector and District Magistrate, Jalore, for fresh decision according to law after complying with the provisions of sec. 6b of the said Act.

(2.) THE only contention raised before me by the learned counsel for the petitioner is that there has been no contravention of the Rajasthan Rice (Export Control) Order, 1961 and the Rajasthan Foodgrains (Restrictions on Border Movement) Order, 1959, and so the Collector and District Magistrate is not authorised to order the confiscation of the truck carrying rice at the time of its seizure by the Enforcement Officer on 12th May, 1977.