PRABHAT CHANDRA TRIPATHI, J. - (1.) The revisionist Arun Kumar Singh has preferred the instant criminal revision against the judgment and order dated 19.06.2001 passed in Criminal Misc. Application No. Nil of 2001 under Section 3/7 of The Essential Commodities Act, 1955 and Section 420 I.P.C., Police Station- Dev Gaon, District- Azamgarh by the learned Additional Chief Judicial Magistrate, Court No.10, district Azamgarh by which learned Additional Chief Judicial Magistrate, Court No.10, Azamgarh has rejected the application of the applicant Birendra Pal Singh for release of the tanker bearing Registration No. U.P.65 D-0375.
(2.) Learned counsel for the revisionist has argued that learned Additional Chief Judicial Magistrate, Court No.10, Azamgarh has failed to examine the jurisdiction vested in it under Section 457 Cr.P.C. in respect of release of the above mentioned motor vehicle under Section 3/7 of E.C. Act and 420 I.P.C. on the ground that the court of learned Additional Chief Judicial Magistrate, Court No.10, Azamgarh has no jurisdiction under Section 457 Cr.P.C. to release the aforementioned vehicle. Only the district Collector has power under Section 6-A of The Essential Commodities Act, 1955 to release such vehicle. The aforementioned view taken by the court of learned Additional Chief Judicial Magistrate, Court No.10, Azamgarh is contrary to the law laid down by the Supreme Court of India in State of Madhya Pradesh and others v. Rameshwar Rathod, AIR 1990 Supreme Court 1849 because of the applicant is registered owner of seized tanker bearing Registration No. U.P.65 D-0375 and he has no knowledge that the driver has committed offence in respect of sale of seized solvent.
(3.) Heard learned counsel for the revisionist, learned Brief Holder for the State and perused the record.;