GOPAL PRASAD Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1991-5-20
HIGH COURT OF ALLAHABAD
Decided on May 06,1991

GOPAL PRASAD Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) This Criminal revision is directed against order dated 14/11/1990, passed by Special Judge (E.C. Act) Mathura, refusing release of seized property on ground of bar of jurisdiction contained in S. 6-E of the Essential Commodities Act which runs as under : - "6-E. Bar of jurisdiction in certain cases : -Whenever any essential commodity is seized in pursuance of an order made under S.3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under S. 6A, the Collector, or, as the case may be, the State Government concerned under S. 6-C shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering. receptacle, animal, vehicle vessel or other conveyance."
(2.) Before proceeding further it would be useful to say that 'Gur' and sugar are essential commodities. U. P. Sugar end 'Gur' Dealers Licensing Orders, 1962 were passed under S.3 of the Essential Commodities Act. In sub-clause (a) Gur has been defined as it means the article commonly known as gur, gul, jaggery, shakkar and rab, and includes raw sugar and uncrystallized sugar in any other form comprising of original and convertible molasses and other impurities inherent or foreign, prepared by boiling cane or palmyra juice.
(3.) In sub-clause (f) of clause 2 of the Order sugar has been defined as it means any form of sugar including khandsari sugar containing more than 90% sucrose.;


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