SARDAR AJIT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondent State.

(2.) THE petitioner is aggrieved by order dated 7.8.2009 passed by District Magistrate, Chatra, in Confiscation Case No. 62 of 2006 | 60 of 2007, whereby, the truck of the petitioner bearing Registration No. UP-83-9417, which was found transporting rice, was seized.

(3.) AFTER having heard learned counsels for the parties and upon going through the record, I find that the impugned order has been passed in gross violation of the law, inasmuch, as no offence can be said to be made out against the petitioner for the offence under Section 7 of the Essential Commodities Act, as there is no allegation of any violation of any control order in the impugned order. In fact, the impugned order does not speak of any offence for which the truck of the petitioner was confiscated. In that view of the matter, I am of the considered view that the impugned order passed by the District Magistrate, Chatra, is absolutely illegal and wholly without jurisdiction and the same cannot be sustained in the eyes of law.