Y. R. MEENA, J. - (1.) THIS revision petition is directed against the judgment of the learned Sessions Judge, Pali dated 18. 8. 82.
(2.) MR. A. K. Samdaria, learned counsel for the petitioner submitted that the learned Sessions Judge has summarily dismissed the appeal without giving any reason, therefore, the order of the learned Sessions Judge is erroneous. For that, he relied upon the decision of the Kerala High Court in Prabhakaran Nair v. State of Kerala (1 ). On the other hand, Mr. C. R. Jakhar, learned Public Prosecutor submitted that there is no provision for filing the appeal in the court of Sessions Judge against the impugned order of the Additional Collector-curn-Addl. District Magistrate, Pali, therefore, the appeal filed by the petitioner in the court of Sessions Judge, Pali is not maintainable. I have heard Mr. A. K. Samdaria, learned counsel for the petitioner and Mr. C. R. Jakhar, learned Public Prosecutor for the State and also-perused the order of the learned Sessions Judge, which reads as under. 18-8-82 *** The impugned order is neither reasoned nor proper order. The order should contain the points for determination the decision thereon and reasons for the decision. The mere mentioning that there is no scope in the order for interference, is not enough. Sec. 6-A of the Essential Commodities Act, 1955 provides the appeal against the order of confiscation of essential commodity. According to this Section, the appeal lies to the State Government. Secondly, the order of the learned Sessions Judge is not a speaking order.
(3.) CONSIDERING both the aspects of the case, I set aside the order of Sessions Judge and remit the matter back to the learned Sessions Judge with direction to pass a reasoned and speaking order. The learned Sessions Judge is also directed to examine as to whether the appeal against the order of Additional District Magistrate can be entertained by him inspite of the provision of Sec. 6-A of the Essential Commodities Act. The revision petition is disposd of with the above obser vations. .;