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Jharkhand High Court · body

2002 DIGILAW 1220 (JHR)

Gobind Prasad Mehta v. State of Jharkhand

2002-12-09

TAPEN SEN

body2002
Order Heard the parties. 2. The Petitioner now stands acquitted as is evident from the statements made in paragraph 14 to the Writ Petition supported by Annexure 5 which is a copy of the Judgment. Paragraph 14 has been replied by the Respondents in the counter affidavit in the following manner : "15. That with regard to the statement made in para 14 of the writ petition under reply is a matter of record and onus lies upon the petitioner is to prove." 3. Thus, there is no denial that the Petitioner stands fully acquitted. 4. In that view of the matter the Petitioner is certainly entitled to release of the articles which were seized and which were ultimately confiscated under the provisions of the Essential Commodities Act, 1955. 5. Section 6-C (2) of the Essential Commodities Act, 1955 reads as follows : "Where an order under section 6-A is modified or anulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6-A, the person concerned is acquitted, and in their case it is not possible for any reason to return the essential commodity seized, such person shall, save as provided by sub-section (3) of section 6-A, be paid the pdce therefor as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined- (i) in the case of food grains, edible oilseeds or edible oil, in accordance with provisions of sub-section (3-8) of Section 3; (ii) in the case of sugar, in accordance with the provision of sub-section (3-C) of section 3; and (iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3. 6. In view of the provisions of Section 6-C (2) read with Section 6-A (3)(c) , this Writ Petition is allowed and it is held that the Petitioner had now become entitled to pray for the release of the articles seized in terms of Section 6-C(2) of the Essential Commodities Act, 1955. 7. This Writ Petition is therefore allowed. 6. In view of the provisions of Section 6-C (2) read with Section 6-A (3)(c) , this Writ Petition is allowed and it is held that the Petitioner had now become entitled to pray for the release of the articles seized in terms of Section 6-C(2) of the Essential Commodities Act, 1955. 7. This Writ Petition is therefore allowed. Petitioner is given liberty to file an application before the appropriate authority who shall pass an order strictly in terms of Section 6-A (3)(c) read with Section 6C(2) of the Essential Commodities Act within a period of two weeks from the date of receipt of a copy of this order. In case there is any difficulty to return the articles which were seized so many years ago, the Petitioner would then be entitled to claim the price thereof together with interest as contemplated under section 6-C(2). Parties to act accordingly. 8. With these observations and directions this Writ Petition stands disposed off. There shall, however, be no order as to costs.