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2000 DIGILAW 699 (AP)

Jami Malleswara Rao v. State Of A. P.

2000-09-11

VAMAN RAO

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VAMAN RAO, J. ( 1 ) HEARD both sides. ( 2 ) THE petitioner who is a dealer in food grains and oils was found to have violated Clause 3 of the A. P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 (for short the A. P. Order) and Clause 3 of A. P. Prevention of Hoarding of Food- grains Order, 1973 and an F. I. R. was registered in respect of these offences. The proceedings under Section 6-A of the Essential Commodities Act, 1955 were taken before the Joint Collector, Srikakulam. After enquiry, the Joint Collector ordered confiscation of 60% of the goods seized and released remaining 40% of the goods in favour of the petitioner. Against this order an appeal in Criminal Appeal No. 96 of 2000 has been preferred by the petitioner before the learned Additional Sessions Judge, Srikakulam. While this appeal has been pending, the petitioner moved Cri. M. P. No. 589 of 2000 for release of the oils seized without security and for release of the other commodities on furnishing bank guarantee. ( 3 ) THE petitioner s plea in respect of release of oils is based on the view expressed by the Division Bench in A. P. Oil Millers Association Ltd. , Hyderabad v. Commissioner of Civil Supplies, Consumer Affairs, Hyderabad, (1998) 5 ALT 433 that in view of amendment to the Central Storage Control Order namely, the Pulses Edible Oil seeds and Edible Oils (Storage Control) Order, 1977 under which oils and oil seeds have been deleted from the purview of the said Standing Order, these commodities shall not come under the purview of the A. P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982. Thus the law as laid down by this Court in regard to oils, oil seeds is that they do not come under the purview of the above said A. P. Order. The contention based on this decision is that an offence could be said to have been committed in respect of oils and oil seeds in this case. Based on this plea, it is pleaded that as far as the seized oils are concerned, the entire stock may be released in favour of the petitioner. ( 4 ) THE learned Additional Sessions Judge did not accede to this request and observed that this is a question, which has to be decided during the hearing of the appeal. Based on this plea, it is pleaded that as far as the seized oils are concerned, the entire stock may be released in favour of the petitioner. ( 4 ) THE learned Additional Sessions Judge did not accede to this request and observed that this is a question, which has to be decided during the hearing of the appeal. ( 5 ) WHEN a question of law has been conclusively decided by a superior Court, consequences flowing from such enunciation of law have to be given effect not only in the final hearing of the matters but in any interlocutory applications pending before the Court. In view of the clear enunciation of the law as laid down by a Divison Bench of this Court in A. P. Oil Millers Association Case ( 1998 (5) ALT 433 ) (supra), there was no difficulty for the learned Additional Sessions Judge to give effect to it even in the interlocutory orders passed on an application made by the petitioner for releasing the goods in question. In view of this, the order of the learned Additional Sessions Judge shall stand modified. As far as the seized stocks of oils are concerned, they shall be released in favour of the petitioner without furnishing any bank guarantee. The order of the Joint Collector in regard to confiscation and release of the commodities in proportion of 60 : 40 respectively shall be applicable to commodities other than oils. Thus the 60% of commodities, which have been directed to be confiscated, shall be released on the petitioner furnishing bank guarantee in a sum equivalent to the present value of the commodities, which may be ascertained, from the nearest market committee. ( 6 ) THE Criminal Petition is ordered with the above said modifications in the impugned order. Ordered accordingly.