Allahabad High Court
Kailash vs State Of U.P. Thru. D.M., Ambedkar Nagar ... on 19 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- MATTERS UNDER ARTICLE 227 No. - 4932 of 2022 Petitioner :- Kailash Respondent :- State Of U.P. Thru. D.M., Ambedkar Nagar And Others Counsel for Petitioner :- Shiv Prasad Chaurasia,Panna Lal Gupta,Tulsi Ram Yadav Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Supplementary affidavit filed by the petitioner is taken on record.
Heard Shri P.L. Gupta, learned counsel for the petitioner as well as learned AGA for opposite parties no. 1 and 3 and perused the record.
The instant petition has been preferred under Article 227 of the Constitution of India with the following prayers:-
"(i) to set aside the order dated 3.11.2022 passed by the Additional Sessions Judge-I, Ambedkar Nagar and order dated 5.9.2018 passed by the Chief Judicial Magistrate, Ambedkar Nagar, as contained in Annexure Nos. 1 and 2 respectively to this petition.
(ii) to issue a direction to the learned Chief Judicial Magistrate, Ambedkar Nagar to pass an appropriate order/ direction on release application of the petitioner to the authorities concerned for releasing grain/ wheat (about 1670 Quintals) in favour of the petitioner."
Learned counsel for the petitioner while referring to the First Information Report as well as to the order of the Collector, Ambedkar Nagar dated 20.7.2019 and the order passed by the trial court dated 5.9.2018 and the revisional court dated 3.11.2022 vehemently submits that the trial court has committed patent illegality in rejecting the prayer of the release of 45 Sacks of wheat in favour of the instant petitioner who was the owner of the said wheat.
It is also submitted that similar mistake has been made by the revisional court who has also not considered this aspect that still no opportunity of being heard was provided to the parties, to the real owner of the wheat sacks which is shown to have been seized by the Supply Inspector and is further shown to belong to one Hari Ram who was having a fair price shop licence and against whom an FIR has been lodged.
It is, thus, submitted that both the orders passed by the courts below are illegal and are liable to be quashed and 45 sacks of wheat be released in favour of the petitioner.
Learned AGA on the other hand submits that it is admitted to the petitioner that vide order dated 26.7.2019 passed by the District Magistrate/ Collector, Ambedkar Nagar the 45 sacks of wheat were directed to be auctioned with a further direction that the recovered amount to be deposited in the Government fund and if any body feels aggrieved by this order, he may prefer an appeal as provided in Section 6 C of the Essential Commodities Act, 1955.
Having heard learned counsel for the parties and having perused the record and keeping in view the order intended to be passed the service of notice on respondent no.2 is hereby dispensed with. It appears to be an admitted case that after confiscation / seizure of 45 sacks of wheat, the Collector/ District Magistrate, Ambedkar Nagar vide order dated 26.7.2019 had directed the same to be auctioned as the commodity seized was perishable with consequential directions that amount has to be deposited in the Government Fund. Section 6 C of the Essential Commodities Act, 1955 provides that if any person is aggrieved by the order of confiscation he may file an appeal.
Thus the petitioner if feels aggrieved by the order of the District Magistrate/ Collector, Ambedkar Nagar, he may approach the appropriate appellate forum subject to the law of limitation. Otherwise also having regard to the facts and circumstances of the case the case of prosecution appears to be that 45 sacks of wheat were recovered from a Tractor Trolley, which was being driven by one Raj Kumar and according to the statement made by him in the custody of police, he was transporting the wheat from the fair price shop of one Hari Ram against whom a case bearing Crime No. 409/2017, under Section 3/7 E.C. Act, was registered at Police Station Akbarpur, District Ambedkar Nagar. Thus, it is evident that neither the wheat was seized from the custody of the instant petitioner nor any averment was made in the First Information Report which may suggest that the applicant was the owner of the wheat concerned.
Therefore in the considered opinion of this Court, no illegality has been committed by both the courts below in denying the prayer of instant petitioner to release the seized wheat in his favour.
Thus, for the reasons mentioned herein above, I do not find any substance in the petition and the same is hereby dismissed.
Order Date :- 19.12.2022 Muk