MAHAVIR SINGH, J. - (1.) THE rele­vant facts are that the applicant was said to be transporting five drums of Kerosene Oil and one drum of crude oil belonging to one Ram Kumar on hire: The truck was intercepted by Mallawan Police.
(2.) THE applicant presented an appli­cation before the Collector that the tructk may be given back to him. Am­ongst others he alleged that he had no knowledge that his truck was carrying any article the movement of which was prohibited by law. The Collector held that from the circumstances of the case the applicant would be deemed to have knowledge about the contents of the drums and he had no licence for transporting the oil. Thus he violated the provisions of the Essential Commodities Act. He, therefore, ordered its confiscation under section 6-A of the Essential Commodities Act. The applicant filed an appeal before the learned Sessions judge. The learned Sessions judge also upheld the order passed by the learned Collector. He held that the applicant must be deemed to have a knowledge of the contents of the oil and his allegation to the contrary was not acceptable. Accordingly he dismissed the appeal. In revision it has been contended that the authorities below had not at all followed the law dealing with confisca­tion of articles or vehicles nor it has been shown that the transport of such goods are prohibited by law.
(3.) THE contention raised by the learned counsel for the applicant has a force. The proceedings for confiscation of es­sential commodities or of a vehicle carrying the same in contravention of the provisions of the Act or any order passed thereunder are contained Act. While Section 6-B provides for (the man­ner in which it can be done. Section 6-B(1) of the said Act pro­vides that no order confiscating any essential commodities, package, cover­ing, receptacle, animal vehicle, vessel or other conveyance shall be made under Section, 6-A unless the owner of such vehicle or the person from whom it was seized, is given a notice in writing in­forming him of the grounds on which it is proposed to confiscate the essential commodities, package, covering, recep­tacle, animal vehicle. ;