- (1.) By means of the present writ petition, filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature of Certiorari quashing the order dated 30.10.2002, passed by the District Magistrate, Hamirpur, respondent No. 2 in case No. 3 of 1992 under Section 6-A of the Essential Commodities Act. The petitioner further seeks a writ of Mandamus commanding the respondents to release the price of 100 bags 'Matter' deposited in treasury within a month.
(2.) Briefly stated the facts giving rise to the present petition are as follows:- Certain irregularities, having been found on 28.12.1991, resulting in the seizure of 100 bags of 'Matter', the petitioner was charge-sheeted with the registration of Crime No. 532 of 1991 under Sections 3/7 of the Essential Commodities Act (hereinafter referred to as the 'Act'). Later on crime case No. 532 of 1991 was registered as Special Case No. 8 of 1992, wherein the petitioner appeared before the Court of Special Judge (E.C.Act), Hamirpur and faced the trial. In the meantime as the confiscated goods whereof perishable in nature, the goods were auction sold and the amount released was got deposited by the District Authorities in the Government Treasury. According to the petitioner, during the pendency of the Trial, the District Government Counsel (Criminal), upon instructions received by him from the Government of U.P., moved an application on 22.01.2002 before the Special Judge (E.C. Act), Hamirpur seeking leave of the Court to withdraw the case. Learned Special Judge (E.C. Act). Hamirpur vide order dated 4th April, 2002 allowed the State to withdraw the application. The learned Judge also acquitted the accused persons.
(3.) The operative portion of the order dated 4th April, 2002 passed by the learned Special Judge is reproduced below: "Considering the facts and circumstances of the case and ground mentioned in the application 147 Kha the application 147 Kha is liable to be allowed. 147 Kha is allowed and State counsel is permitted to withdraw the case and accused persons are acquitted and their sureties are hereby discussed. File be consigned to R.R.";