VIRENDRA SINGH,J. - (1.) APPLICANT Sri Rama Shankar Yadav filed this application under section 482, Cr.P.C for this relief that the order dated 2.7.2009 passed by Special Judge (EC Act), Jalaun at Orai in case crime No. 329 of 2009, under section 3/7, E.C. Act and under section 420, I.P.C. Police Station Ait, District Jalaun in Criminal Misc. Application No. 55 of 2009, State v. Rama Shankar Yadav be quashed and Truck No. U.P. 62 J-5396 be released in favour of the applicant.
(2.) I have heard both the parties and perused the record. The learned Counsel for the applicant contended that the learned lower Court has wrongly rejected the application of the applicant for releasing the Truck No. U.P. 620 J-5396 as per impugned order because as per F.I.R of, the case 327 bags wheat containing 50 Kg per bag is alleged to have been seizeds loaded in the alleged truck on 21.4.2009 while Ajai Kumar Gupta a farmer, whose wheat was carried in the truck, has already been enlarged on bail in the case. The applicant is the owner/driver of the truck. The wheat is not a scheduled commodity and it is open to sale in the open market and there is no ban for selling and purchasing the wheat. The Lower Court has wrongly held that the proceedings under section 6-A of B.C. Act is pending before the District Magistrate while there is no such proceeding is pending before the District Magistrate is revealed in the inquiry made from the office of the District Magistrate in this regard. A photo copy of the questionnaire dated 9.7.2009 in this regard is filed. The vehicle of the applicant is lying in the police station since 21.4.2009 and great loss is continuously occurred to the applicant. There is no dispute with regard to the ownership of the truck and the applicant is entitled for release of the alleged truck.
(3.) LEARNED A.G.A contended that there is no error either of law or of the facts of this case in the impugned order and the learned lower Court has rightly rejected the release application of the truck thereby finding correctly that that truck is liable to be confiscated as the proceedings in this regard as per provisions under section 6-A is pending before the District Magistrate.;