Deputy Commissioner issued show-cause notices Under Section 6-B of the Essential Commodities Act 1955 to the drivers who were transporting the rice ... Government by a notification for the purpose of Section 6-C of the Essential Commodities Act is not an inferior criminal court subject
whether the District and Sessions Judge acting under Section 6(c) of the Essential Commodities Act, as a judicial authority, acts as a Court ... against an order of the appellate authority under Section 6(c) of the Essential Commodities Act, even though the confiscation proceedings cannot be said
authority under sub-section (2) of Section 20 of the Act by an employee. Sub-section (6) of Section 20 provides that every direction ... while holding that the Sessions Judge functioning under Section 6-C of the Essential Commodities Act, 1955, was functioning as an inferior Criminal Court, proceeded
while holding that the Sessions Judge functioning under Section 6(c) of that Act (Essential Commodities Act ) was functioning as an inferior Criminal Court mainly ... whether the decision of the appellate authority under Section 6(c) of the Essential Commodities Act could be revised by the High Court exercising
Sections 307, 332, 353, 504 read with Section 34
of the Indian Penal Code and Sections 3 and 7 of the
Essential Commodities Act ... that in view of the provisions of Section 6-
A(c) of the Essential Commodities Act, 1955 , the Deputy
Commissioner is justified in passing
tanker. Same were
seized along with vehicle under Sections 3 , 7 and 6A of
Essential Commodities Act read with Sections 12 and 18 of
(Public ... short) read with Section 6-C of Essential
Commodities Act. Against said order, appropriate remedy to file
Criminal Revision Petition as provided under Code
alternative and
efficacious remedy of appeal under Section 6(C)
of Essential Commodities Act, 1955, this Court
declines to entertain the writ petition.
Accordingly, writ
LAXMAN
KATTIMANI (BY SRI. PRAVEEN UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO ALLOW THE PETITION ... which reads as under:
"Since as per Section 6(c) of Essential
Commodities Act, appeal is provided to prefer an
appeal. In view
District and Sessions Judge, North Kanara, Karwar, Under Section 6-C of the Essential Commodities Act, 1955 (to be hereinafter referred ... abundantly clear that Sections 6-A , 6-C and 6-D of the Act deal with confiscation of the Commodities.
In regard to prosecutions
section 3 r/w. S. 7 of the Act. Both the indictments were in regard to offences punishable under section 7 of the Essential Commodities ... section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the Court