SHARMA, J - (1.) HEARD learned counsel for the petitioner and perused the order of the Sessions Judge, Jalore, dated 17th March, 1978, whereby the order passed by the Go lector and District Magistrate, Jalore, dated 27th May, 1977, under sec. 6 A of the Essential Commodities Act, 1955, hereinafter referred to as the Act, confiscating the truck alleged to have been carrying essential commodity, i. e. rice, was set aside and the case sent back to the Collector and District Magistrate, Jalore, for fresh decision according to law after complying with the provisions of sec. 6b of the said Act.
(2.) THE only contention raised before me by the learned counsel for the petitioner is that there has been no contravention of the Rajasthan Rice (Export Control) Order, 1961 and the Rajasthan Foodgrains (Restrictions on Border Movement) Order, 1959, and so the Collector and District Magistrate is not authorised to order the confiscation of the truck carrying rice at the time of its seizure by the Enforcement Officer on 12th May, 1977. It was further contended by the learned counsel for the petitioner that the two Orders mentioned above have been subsequently repealed by the Central Government on 20th September, 1977 and as they were temporary enactments, so no proceedings for confiscation of the truck in question could continue after their repeal. I have considered the above contentions. It may be observed at the outset that the provisions of sec. 6b of the Act are mandatory in nature and the confiscation of the truck can only be made after complying with these provisions. The Collector and District Magistrate, Jalore, confiscated the truck illegally without giving the owner of the truck a notice in writing informing him of the grounds on which it was proposed to be confiscated and without giving him an opportunity of being heard and of making a representation in writing against the grounds of confiscation. The Sessions Judge. Jalore, therefore, committed no error in sending the case back to the Collector and District Magistrate, Jalore, for complying with the povisions of sec. 6b of the Act before passing any order under sec. 6a thereof It will be open for the petitioner to take all those grounds which he has taken before me in the representation which he may file in writing before the Collector and District Magistrate in response to the notice under sec. 6b of the Act The revision-petition filed by the petitioner has, therefore, no force and is hereby dismissed summarily. .;