Arvind K.Tripathi, J. - (1.) COUNTER and rejoinder affidavit has been exchanged.
(2.) HEARD learned counsel for the petitioner, learned AGA and perused the record. The present writ petition of criminal nature has been filed against the order dated 21.10.2008 passed by learned Additional Chief Judicial Magistrate-l, Ballia in Case Crime No. 97/06, State v. Ramesh Yadav, rejecting the release application for release of the truck/vehicle No. U.P.-60/J4644 and the order dated 4.11.2008 passed by Special Judge/Additional Sessions Judge, Ballia rejecting the criminal revision No. 326/08, Sabir Ali Fridi v. State of U.P. passed against the aforesaid order passed by learned Additional Chief Judicial Magistrate, 1st Ballia. Counsel for the petitioner submitted that the First Information Report was lodged by respondent No. 2 on 15.9.2008 at Police Station Garwar, District Ballia, under Section 3/7 Essential Commodities Act, which was registered as Case Crime No. 97/08. There was allegation that the articles to be sold by the fair price shop distribution system were being transported to sell the same in the open market, which was loaded on the aforesaid truck. On the information raid was conducted and it was found that 46 bags of rice, each bag containing 50 kg. were loaded in the truck. The food grains were also recovered at the house and at the shop. The aforesaid rice was for distribution at the fair price shop. It was stated that the petitioner is owner of the aforesaid vehicle, which has been registered in the name of the petitioner at the office of the Assistant Regional Transport Officer, Ballia and is ensured with the Oriental Insurance Company. The aforesaid vehicle was being used by the petitioner for transportation of the goods on payment of rent for which requisite permit has also been obtained from the transport authority. The aforesaid truck is standing at the police station since 15.9.2008. The application was moved on behalf of the petitioner before the learned Chief Judicial Magistrate, Ballia for releasing of the aforesaid vehicle, however the same was rejected by order dated 21.10.2008 Annexure-5 to the writ petition. Against the aforesaid order the revision was preferred, which too was rejected on 16.10.2008 by the learned Additional Sessions Judge/Special Judge, Ballia. The revision was dismissed on the ground that there is a provision in Section 6-E of the Essential Commodities Act, 1955 for the release of any which seized under Section 3/7 Essential Commodities Act by the competent authority and there was no jurisdiction with the Magistrate concerned.
(3.) THE petitioner has relied the judgment of the Apex Court reported in 2003 (46) ACC 223, Sunder Bhai Amba Lal Desai v. State of Gujarat. In the aforesaid judgment it was observed by the Apex Court that after seizure of the vehicle appropriate order should be passed immediately because keeping the vehicle at police station for long period would not serve useful purpose. THE appropriate order should be passed immediately by taking appropriate bond and guarantee as well as security for return of the said vehicle, if required at any point of time. It was further observed that this could be done pending hearing of the application for turn of such vehicle. Counsel for the petitioner further stated that for confiscation of the vehicle no proceeding is pending before the District Magistrate concerned. Hence, in view of the facts and circumstances the vehicle in question if allowed lying at police station for long period it's condition would be deteriorated and the utility of the vehicle in question would also be affected and the same will be destroyed due to rusts, junk. If the vehicle is allowed to keep at police station, he same will remain unattended and done to rust will become junk. Hence in view of the aforesaid fact the order dated 21.10.2008 passed by learned Additional Chief Judicial Magistrate-I, Ballia is hereby quashed. The learned Magistrate is directed to release the truck No. U.P.-60/J4644 in favour of petitioner subject to furnishing of the appropriate security to the satisfaction of the Magistrate concerned with condition that pending inquiry or trial the truck in question shall not be sold or transferred and the nature and colour of the vehicle will not be changed nor it would be allowed to substantial damage. The truck will be produced before the Collector/Magistrate concerned as and when required during any proceeding under the Essential Commodities Act.;