MANOJ PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India against the order dated 19.07.2016 passed in Misc. Case No.14/2012-13 passed by Deputy Commissioner, Palamau whereby and whereunder 189 bags containing 94.50 quintals of rice has been confiscated. Mr. Amit Kumar Sinha, learned counsel for the petitioner has submitted that although 189 bags containing 94.50 quintals of rice has been confiscated but in the criminal case instituted against the petitioner, the same has been resulted into acquittal and as per the provision of Section 6-A of Essential Commodities Act, 1955, the confiscated article would be released by the competent authority. Mr. Abhay Prakash, learned AC to AAG appearing for the State of Jharkhand has submitted that the provision of appeal has been provided under the provision of Section 6-C of the Act, 1955 and therefore, the same ground can also be agitated by the petitioner before the appellate forum. Upon this, learned counsel for the petitioner has submitted that appropriate order may be passed giving liberty to the petitioner to approach before the appellate forum by raising the ground of acquittal in the criminal case for its consideration by the appellate forum.

(2.) In view thereof and without going into the merit of the claim of the petitioner, the writ petition is disposed of according liberty to the petitioner to approach before the appellate forum as per the provision under Section 6-C of the Act, 1955 wherein if the petitioner will take the ground of acquittal from the criminal case, the same may be considered in accordance with law by taking a decision in this regard. The Deputy Commissioner, Palamau is therefore directed to take decision within a period of two months from the date of receipt of copy of the order after providing an opportunity of hearing to the petitioner as also to the affected parties, if any.

(3.) Learned counsel for the petitioner has submitted that the limitation of filing appeal before the appellate forum as provided under Section 6-C of the Act, 1955 is for a period of one month, therefore, competent forum may be directed to consider the pendency of this writ petition in condoning the delay.