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Madhya Pradesh High Court

Shiv Kumar Gupta vs The State Of Madhya Pradesh on 21 December, 2018

                                                        1                                 MP-6042-2018
                             The High Court Of Madhya Pradesh
                                        MP-6042-2018
                                      (SHIV KUMAR GUPTA Vs THE STATE OF MADHYA PRADESH)

                    2
                    Jabalpur, Dated : 21-12-2018
                           Shri Ajay Kushwaha, learned counsel for the petitioner.
                           Heard.
                           The present petition has been filed by the petitioner, who is not
                    aggrieved by any particular order, but by the seizure of his vehicle under the
                    provisions of Essential Commodities Act. According to the petitioner, the

                    respondents have issued notice for confiscation of the said vehicle.

Learned counsel for the petitioner submits that he has made a representation on 16/12/2018 in which he has stated that the article that has been seized from his vehicle, which is stated to have been rice, is actually not rice but a different grade of kanki and has prayed for the chemical analysis of the seized article in order to substantiate his stand.

Under the circumstances, this petition is disposed of with a request to the respondent no.2 to decide the representation filed by the petitioner within a period of four weeks from the date of submitting the certified copy of this order. Respondent no.2 is also requested to involve the petitioner by giving him a personal hearing in order to facilitate the payment of any fees that may be required for chemical examination of the article seized from the vehicle of the petitioner.

This Court makes it clear that it has not arrived at any finding on any disputed question of fact relevant to the decision of the respondent no.2, and the said representation shall be disposed of strictly in accordance with law.

C.C. as per rules.

(ATUL SREEDHARAN) JUDGE rv Digitally signed by REENA H SHARMA Date: 21/12/2018 17:06:56