B.N.Katju, J. - (1.) THIS is an application under Section 482, CrPC filed by the State of U. P. praying that the order of the Sessions Judge, Basti passed in criminal appeal No. 200 off 1980 and the entire proceedings in the said appeal to be quashed.
(2.) IT appears that on 29-8-1980, 803 bags of wheat were seized from the seven wagons in the railway goads shed of railway station, Basti and 824 bags of wheat were seized from the railway goods shed of Basti for the contravention of Paragrah 3 of U. P. Food Grains Dealers (Licencing and Restriction on Hoarding) Order, 1976 by the Additional District Magistrate, Basti and first information report was lodged by him at Police Station, Kotwali on 30-8-1980 under Section 37 of the Essential Commodities Act (hereinafter referred to as the Act). The Collector, Basti passed the undermentioned order on 31-8-1980 : "Report of Sri Jai Shankar Tripathi Sub-Inspector P. S. Kotwali and FIR lodged on 30-8-80 under Section 3/7 E. C. Act with regard to 824 bags of wheat found in the goods shed and 803 bags of wheat recovered in the various railway wagons have been attempted to be transported in violation of U. P. Food Grains Dealers (Licencing and Restriction of Hoarding) Order, 1976, as such it is proved prima facie that violation under Section 3/7, Essential Commodities Act has been done. Wherefore it is ordered that notice be issued to the persons concerned as to why the concerned wheat be not confiscated. As the wheat is likely to be damaged it should be handed over to Dy. RMO Basti for issue to Fair Price Shop anal to Tahsildars for Flood Relief Work. The cost will be deposited in the Court." The respondent filed an appeal No. 200 of 1980 against the aforesaid order of the Collector, Basti dated 31-8-1980 in the court of the Sessions Judge, Basti and the learned Sessions Judge passed the undermentioned order dated 8-9-1980 : "Issue notice. Stay sale meanwhile." The Collector, Basti by his order dated 31-8-1980 directed the respondent to show cause why the seized wheat be not confiscated under Section 6-B of the Act and further directed that the wheat be handed over to the Deputy RMO for issue to Fair Price Shops and to Tahsildars for Flood Relief Work and the cost to be deposited in Court Hinder Section 6-A (2) of the Act. No order was passed by the Collector, Basti confiscating the wheat under Section 6-A(1) of the Act. As under Section 6-C of the Act only an order under Section 6-A (1) of the Act is appealable it is obvious that no appeal lay against the order of the Collector Basti dated 31-8-80. Criminal Appeal No. 200 of 1980 filed by the respondent against the order of the Collector, Basti dated 31-8-1980 in the court of the Sessions Judge, Basti was thus not maintainable. The order of Sessions judge, Basti dated 8-9-1980 : " Issue notice. Stay sale meanwhile" is thus wholly without jurisdiction. The aforesaid order and the entire proceedings in criminal appeal No. 200 of 1980, therefore, deserve to be quashed.
(3.) THIS application is accordingly allowed and the order of the Sessions Judge, Basti dated 8-9-1980 and the proceedings in appeal No. 200 of 1980 Om Prokash Narsaria v. State, are quashed. Application allowed.;