JUDGMENT - PATEL H.D., J.:---Heard both sides. Rule returnable forthwith. 2. The aforesaid Revision Applications are being decided by this order since they arise out of common facts and common order passed by Judicial Magistrate, First Class, Akot on 23-4-1991 in Criminal Case No. 105/91 and other connected matters a part of which is impugned herein. The operative part of the order reads as under : "The raw cotton seized in Crimes Nos. 155/91, 156/91 and 157/91 of P.S. Akot be sold away to the recognised Monopoly Cotton Collection Centre of Cotton Federation, Akot and sale proceeds thereof be deposited in the Court. After conclusion of the trial the rightful owner shall be entitled to get back the sale proceeds. The trucks seized in the above crimes by P.S.O., Akot be handed over to the respective rightful owner on production of documents in respect of title showing that he is the owner of the same and after verification of those documents by P.S.O. concerned, on a condition of executing Supratnama of Rs. 1,00,000/- on a further condition that the rightful owner will not sell the said truck until disposal of the criminal case or shall transfer it by any mode in favour of any other person, shall keep it as it is and shall produce it before Court as and when directed, with one solvent surety in the like amount." There is no dispute regarding release of the truck which is contained in latter part of the order. Only the portion directing sale of raw cotton to the Monopoly Cotton Centres is impugned herein in all the Revision Applications. 3. The applicants in all cases are being prosecuted for alleged breach of section 19 of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971, (hereinafter referred to as "the Act"). According to the prosecution, the applicants were apprehended while attempting to transport raw cotton in their respective trucks outside the State of Maharashtra and hence, raw cotton along with the trucks came to be seized. By the order impugned, the raw cotton was ordered to be sold to Monopoly Cotton Centres set up by the State Government. The order was passed in response to the application filed by the applicants for releasing the property in their favour on supratnama. By the order impugned, the raw cotton was ordered to be sold to Monopoly Cotton Centres set up by the State Government. The order was passed in response to the application filed by the applicants for releasing the property in their favour on supratnama. It was contended that the Magistrate had no jurisdiction to order sale of raw cotton against the wish and desire of the applicants. In this connection, it was also pointed out that the applicants have not committed any offence by transporting cotton, particularly when the border was far away. No intention can be inferred that the applicants wanted to sell cotton outside the State of Maharashtra. For this proposition, reliance was also placed on the case of (Nasu Sheikh and others v. State of Bihar)1, A.I.R. 1972 S.C. 1610. On the other hand, the order was sought to be supported by the Non-applicant/State. 4. It is not necessary at this stage to decide the intention of the applicants as to whether the raw cotton was being transported. The only question that arises here is whether the applicants can be compelled to sell cotton to the Monopoly Cotton Centres against their desire. For this purpose, section 20(1) of the Act is relevant. It reads as under : "Section 20(1). Every grower of cotton shall, after the picking operations are over, sell all Kapas produced by him and which he wishes to dispose of, to the State Government, by tendering it at a collection centre..........." A bare perusal of the section envisages that every cotton grower is obliged to sell Kapas, produced by him, to the State Government only if he wishes to dispose of that cotton. No compulsion or force is traced out in that section. The desire of the applicant must be seen. Once it is decided to sell the cotton, the cotton grower has no option but to sell it to the State Government. Since compulsion or force is not to be used on the cotton grower and the choice is left to him, the learned Magistrate had no option but to return the raw cotton to its owner on terms and conditions deemed proper. Since compulsion or force is not to be used on the cotton grower and the choice is left to him, the learned Magistrate had no option but to return the raw cotton to its owner on terms and conditions deemed proper. In this background, it is difficult to sustain that part of the order which directs sale of raw cotton to the Monopoly Cotton Centre of the State Government and the same is hereby quashed and set aside in each and every case covered by these Revision Applications. Instead, the following order is passed : The cotton seized in each case be released in favour of the person from whom the cotton was seized on supratnama with one surety in the sum to be determined by the learned Judicial Magistrate, First Class, Akot (the sum depending upon the value of cotton in each case) and on condition that the applicants shall not sell the cotton, seized from their possession, without permission of this Court. Order accordingly. -----