Allahabad High Court
State Of U.P. vs Randheer Singh on 27 January, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- CRIMINAL REVISION No. - 61 of 2020 Revisionist :- State of U.P. Opposite Party :- Randheer Singh Counsel for Revisionist :- G.A. Hon'ble Chandra Dhari Singh,J.
Affidavit filed on behalf of the respondent in Court today is taken on record.
The instant criminal revision has been filed against order dated 26.09.2019 passed in Criminal Appeal No.38 of 2019 (Randheer Singh vs. State of U.P.) by Additional District and Sessions Judge/Special Judge (E.C. Act), Court No.4, Gonda.
Learned A.G.A. has submitted that Court of District Magistrate, Gonda vide order dated 16.07.2019 rejected the application of the respondent for releasing the vehicle bearing number U.P. 52 AE 9552 which was confiscated by the authority concerned.
Learned A.G.A. has further submitted that against order dated 16.07.2019, the respondent preferred Criminal Appeal No.38 of 2019 (Randheer Singh vs. State of U.P.) before Additional District and Sessions Judge/Special Judge (E.C. Act), Room No.4, Gonda which was decided vide order impugned dated 26.09.2019 without properly considering the facts and circumstances of the case. It is further submitted that the appellate Court has not considered the fact that no kerosene oil was confiscated alongwith tractor and trolley. There was no indication in the application given by Randheer Singh and not even in the application of the Inspector about the kerosene oil. The appellate Court has passed the impugned order contrary to the provision of Section 6A(1) of Essential Commodities Act. In such circumstances, the instant revision may be admitted as the impugned order passed by appellate Court is contrary to the law and statutory provision.
Per contra, learned counsel for the respondent has submitted that the appellate Court after considering the entirety of the matter has decided the appeal. There are no illegality in the said order. In such circumstances, the instant revision is devoid of merit and be dismissed as such.
I have heard learned counsel for the parties and perused the record. I have perused both the orders dated 26.09.2019 (supra) and 16.07.2019 (supra).
From perusal of the record as well as the aforesaid orders, it is apparent that the appellate Court after considering the entirety of the matter as well as statutory provision passed the impugned order. I do not find any illegality in the impugned order and no ground is made for interference by this Court in the revisional jurisdiction.
Accordingly, the instant revision being devoid of merit is dismissed.
Order Date :- 27.1.2020 nishant/-