G. M. LODHA, J. - (1.) THIS is a criminal revision petition under section 397 Cr. P. C. against the judgment dated 9. 4. 1983 passed by learned Additional Sessions Judge No. 2 Kota in Sessions case No. 8 of 1982.
(2.) THE respondent M/s Manak Chand Manoj Kumar filed an appeal in the court of Sessions Judge, Kota against the order of learned District Magistrate in respect of the order passed by him under Section 6 (A) of the Essential Commodities (Spl. Provision) Act, 1981. THE said appeal was transferred to the court of Additional Sessions Judge No. 2 Kota for decision according to law. The State of Rajasthan too preliminary objection that the Act of 1981 has come in to force on 1. 9. 1982 and after commencement of the said Act the appeal is to be heard and decided in accordance with Section 6 (c) of the Act of 1981 and the said appeal is to be decided by the State Government. Inspite of this objection the Sessions Judge did not pass any order holding that the appeal is not maintainable, but he decided the objection and said that he is entitled to hear the appeal. Mr. Shrimal is justified in arguing that in view of the judgment of the Hon'ble Rajasthan High Court in Gajendra Industries Deeg Vs. State of Rajasthan an appeal lies to State Government against the order of confiscation under Section 6 (A) and not Sessions Judge. In 1983 SCC 3l0 it has been held that the Sessions Judge has got no authority to decide such a case. He should return the appeal to the petitioner for presentation before the proper authority. Consequently, I accept the revision petition and hold that in view of the amendment in Essential Commodities Act 1981 by Amending Act of 1981 the appeal against the order of confiscation of material under Section 6 (A) of the Essential Commodities Act lies to the State Government and the learned Sessions Judge in view of this amendment, cannot hear the appeal. Consequently, the Sessions Judge should return the appeal for presentation before the proper authority and in case it is filed before the State, it should be considered and decided according to merit. . ;