B.N.Katju, J. - (1.) THE State of U.P. has filed Criminal Revision No. 431 of 1981 against the order of the Sessional Judge, Allahabad dated 22-12-1980 passed in criminal appeal No. 130 of 19130 under Section 6-C of the Essential Commodities Act (hereinafter referred to as the Act) and criminal revision No. 1045 of 1981 against the order of the Sessions Judge, Allahabad dated 18-6-1981 passed in criminal appeal No. 46 of 1981 under section 6-C of the Act.
(2.) THE facts in criminal revision No. 431 of 1981 are as follows :- On 17-7-1980 the Additional District Magistrate (Civil Supplies) Allahabad seized 55 bags and one Katta of wheat, one bag of rice and one bag of Keshari on suspicion that it was being; stored for sale in black market in contravention of U. P. Foodgrains Dealers (Licensing) Order and Pulses and Edible Oil (Storage Central) Order punishable under Section 7 of the Act and reported the matter to the Collector Allahabad under Section 6-A (1) of the Act. THE Collector Allahabad by his order dated 21-7-1980 passed under Section 6-A (2) of the Act directed that; the seized foodgrains may be sold under the supervision of the Additional District Magistrate (Civil Supplies) on Government rate and the sale proceeds may be deposited in the Government treasury according to law as the foodgrains were subject to speedy and natural decay and it was otherwise also not expedient in public interest to keep them lying undisposed of. Aggrieved by the aforesaid order of the Collector, Ram Autar Jaiswal and Ashok Kumar Jaiswal filed criminal appeal No. 130 of 1980 before the Sessions Judge, Allahabad under Section 6-C of the Act. THE learned Sessions Judge by his order dated 16-12-1980 allowed the appeal and directed that the seized foodgrains be returned to Ashok Kumar Jaiswal. THE State of U. P. has filed the present revision against the aforesaid order of the learned Sessions Judge. The facts in criminal revision No. 1045 of 1981 ate as follows:- On 16-12-1980 659 bags of cement were recovered from the possession of Gopal Krishna on suspicion hat it was stored in violation of certain terms of the licence. The seizure was reported to the Collector, Allahabad under Section 6-A (1)of the Act. The Collector, Allahabad by his order dated 13-3-1981 directed the distribution of the seized commodity through the Additional District Magistrate (Civil) Supplies and the sale proceeds to be deposited in the Government treasury as the seized cement was subject to speedy and natural decay. Aggrieved by the aforesaid order of the Collector Gopal Krishna filed criminal appeal No. 46 of 1981 before the Sessions Judge, Allahabad. The learned Sessions Judge by his order dated 18-6-1981 allowed the appeal, set aside the order of the Collector and directed that the cement be released in favour of Gopal Krishna. The State of U. P. has filed this revision against the aforesaid order of the learned Sessions Judge. Both these revisions were heard by a Single Judge of this Court, who, disagreed with two earlier Single Judge decisions of this Court in Ram Autar v. State of U. P., 1981 AWC 36 and Sardar Ujagar Singh v. State of U. P., Criminal Revision No. 2005 of 1980 decided on 21-1-1981 and referred these revisions for decision by a Division Bench. That is how these two revisions have come before us for decision.
(3.) IN both the revisions, the question that arises for determination is whether the appeal filed by the opposite parties in the Court of the Sessions Judge, Allahabad was maintainable under Section 6-C of the Act. Section 6-A (1) and (2) of the Act, as amended by State of Uttar Pradesh are as follows :- "6-A (1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto a report to this effect shall, without any unreasonable delay, be sent to the Collector of the district in which the seizure is made and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of- (a) the essential commodity so siezed ; (b) any package, covering or receptacle in which such essential commodity is found ; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that, without prejudice to any action that may be taken under any other provision of this Act, ho foodgrains or edible oil-seeds seized in pursuance of an order made under Section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this section : Provided further that where any animal, vehicle, vessel or other conveyance is used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to do, he may order the same to be sold at the controlled pice, if any, fixed under any law for the time being in force, or where no such price is fixed by auction : Provided that in the case of foodgrains, where there is no controlled price, the Collector may order the foodgrains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government as the case may be, for the sale of such foodgrains to the public through these shops: Provided also that whenever it is practicable so to do having regard to the nature of the essential commodity he shall take and preserve sample of the same before its sale or auction." Section 6-B of the Act is as follow:- "6-B. Issue of show-cause notice before confiscation of food-grains, etc.- (1) No order confiscating any essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be made under Section 6-A unless the owner of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance or the person from whom it is seized- (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance ; (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. (2) Without prejudice to the provisions of sub-section (i), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under Sec. 6-A if the owner of the animal, vehicle, vessel or other conveyance proves to the satisfaction of the Collector that it was used carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use. (3) No order confiscating any essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice given under CI. (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with." Section 6-C of the Act as amended by State of Uttar Pradesh is as follows:- "6-C. Appeal-(1) Any person aggrieved by an order of confiscation under Sec. 6-C, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit confirming, modifying or annulling the order appealed against. (2) Where an order under Sec. 6-A is modified or annulled by such judicial authority, or wherein a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under Sec. 6-A, the person concerned is acquitted, and in either case It is not possible for any reason to return the essential commodity seized such person shall except as provided by sub-section: (3) of Sec. 6-A, be paid the price therefor as if the essential commodity had been sold to the Government with reasonable interest calculated from (the day of the seizure of the essential commodity and such price shall be determined- (i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3-B) of Sec. 3 ; (ii) in the case of sugar, in accordance with the provision of sub-section (3-C) of Sec. 3; and (iii) in the case of any other essential commodity in accordance with the provisions of sub-section (3) of Sec. 3". Sections 6-D and 6-E of the Act are as follows :- "6-D. Award of confiscation not to interfere with other punishments. The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act. 6-E. Bar of jurisdiction in certain cases-Whenever any essential com- modity is seized in pursuance of an order made under Sec. 3 in relation thereto, the Collector or, as the case may be, the judicial authority appointed under Sec. 6-C shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any other court, tribunal or authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal or distribution of such property." ;