STATE OF RAJASTHAN Vs. NAGPAL KIRANA BHANDAR

JUDGEMENT

(1.) THIS revision petition is filed by the State against the judgment of learned Sessions Judge, Sri Ganganagar whereby the order of District Collector, Shri Ganganagar dated 21. 1. 81 was set aside.

(2.) THE facts stated, in short are that on 27. 11. 79 inspection of non-petitioner firm was done by Enforcement Inspector and on physical verification it was found that only 43 bags of sugar were there while in stock register 68 bags were shown and in this way there was an irregularity of 25 bags of sugar. Out of 25 bags, non-petitioner had showed the bills in respect of the sale of 3 bags. Thus the irregularity was in respect of 23 bags of sugar, which was in contravention of Sec. 5 (2) Condition 3 (ii) of the Sugar Dealers Licence Order. Enforcement Inspector seized the 43 bags of sugar and matter was presented before the Collector for disposal of the property under sec. 6 of the Essential Commodities Act. THE Collector Shri Ganganagar, ordered for confiscation of the 43 bags of sugar on 21. 1. 81. Against that order non-petitioner filed an appeal under Section 7-C before the learned Sessions Judge Sri Ganganagar who has set aside the order of the Collector on the ground that assuring 22 bags of sugar were found short but it is not the irregularity in respect of 43 bags of sugar found on the spot. In his view, the irregularity may be in respect of 22 bags which were short thsrefore, there was no justification in confiscation of 43 bags of sugar found on the spot and he set aside the order of the District Collector dated 21. 1. 87 and further directed that the sugar in question or its value after expiry of the limitation should be returned to the non-petitioner. Being dissatisfied with the judgment of learned Sessions Judge, the State has come in revision in this Court.