TRIPTI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision is directed against the order dated 19.06.2020 passed by the court of the learned Chief Judicial Magistrate, Deoghar in Cri. Misc. Application No.638 of 2020, rejecting the prayer for release of truck bearing registration No.BR-01GH-0866, in favour of the petitioner, in connection with Jasidih P.S. Case No.595 of 2019, registered under Sections 420, 414, 408, 409, 467, 468, 120B/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955 (for short E.C. Act).

(2.) Learned counsel for the petitioner has submitted that by order dated 12.03.2020, the court below had ordered for release of 160 drums of bitumen in favour of the owner/ purchaser of the bitumen. It is submitted that in the F.I.R., it is not mentioned as to which order under the provisions of E.C Act was violated, therefore the confiscation proceeding initiated by the Deputy Commissioner, Deoghar with respect to the truck, is in contravention of the provisions of E.C. Act. It is submitted that the court below has rejected the petition for release of the truck on the ground that in the challan, Eway bill number and Eff. was not mentioned, as such there was no valid documents for transportation of the goods on the truck. It is submitted that the petitioner is the registered owner of the truck which is lying in an uncared manner in the premises of police station, for more than a year. Accordingly, prayer has been made to set aside the order dated 19.06.2020, and to release the truck bearing registration No.BR01GH-0866, in favour of the petitioner

(3.) Learned A.P.P., while opposing the prayer for release of the truck, has submitted that it would be evident that confiscation proceeding has been initiated under Section 6-A(c) of the E.C. Act, by the Deputy Commissioner and notice of the proceeding has been served upon the petitioner. It is submitted that the petitioner should appear before the competent authority, i.e., the Deputy Commissioner, Deoghar, and raise the points, in her defence, as enumerated in this revision before the competent authority. It is submitted that Section 6-E of the E.C. Act bars the jurisdiction of the court for release of vehicle or goods for which confiscation proceeding has been initiated by the competent authority under the Act.