VIJAY BISHNOI,J. - (1.) This revision petition is filed by the petitioner being aggrieved with the order dated 30.06.2009 passed by Sessions Judge, Balotra (for short 'the trial court') in Criminal Appeal No.6/2008 preferred under section 6-C of the Essential Commodities Act, 1955 (for short 'the Act of 1955' hereinafter), whereby it has dismissed the appeal filed by the petitioner. The said appeal was preferred by the petitioner being aggrieved with the order dated 11.03.2008 passed by the District Collector, Barmer under section 6-A of the Act of 1955, whereby it has directed to confiscate seized kerosene as well as vehicle Jeep No.RJ-16 GA 164.
(2.) Brief facts of the case are that on 07.01.2005 at about 11:30 P.M., S.H.O. Police Station, Guda received a secret information that one Daula Ram Kalbi son of Amra Ram, resident of Sanchore is transporting kerosene meant for distribution in the public distribution system in Jeep No.RJ-16 GA 164. On receiving this information, police conducted 'Nakabandi' on 08.01.2005 at about 4:30 A.M. and found a jeep coming from Ramji-ki-Gole side bearing no number. The jeep was stopped and on search, 5 drums of blue kerosene meant for distribution in public distribution system were found in it. Daula Ram was not having any licence or permit for transporting the kerosene. He informed the police party that he has received the said kerosene from the petitioner and the same is to be delivered to one Bhoor Singh Purohit. As the seized kerosene was meant for distributing under the public distribution system and the driver was transporting the same illegally, the SHO has found that the action of the driver is punishable under section 3/7 of the Act of 1955, therefore, he seized the kerosene as well as the vehicle and applied for disposal of the same before the District Collector as per the provisions of section 6-A of the Act of 1955.
(3.) The District Collector had issued notices to Daula Ram and the petitioner. They filed reply to the notices, wherein Daula Ram has stated that the kerosene belongs to the petitioner and he was working as a driver with him and on the day of the incident he was instructed by the petitioner to deliver the said kerosene to Bhoor Singh Purohit, however, the petitioner has denied his relationship with Daula Ram and contended that he has no knowledge about the transportation of the kerosene in his jeep as Daula Ram had borrowed his jeep for the purpose of visiting a temple. The District Collector after hearing the parties concerned, has passed the order dated 11.03.2008, whereby it had ordered for confiscation of Rs.10838/-, the amount received from auctioning the kerosene as well as the Jeep No.RJ-16 GA 164, which was handed over to the petitioner on 'Supurdaginama' during the pendency of the proceedings. Being aggrieved with this, the petitioner preferred an appeal before the trial court, however, the same was dismissed vide order dated 30.06.2009. Hence, this revision petition.;