C. Rajavel v. State, rep. by the Inspector of Police, Civil Supplies CID
2015-10-09
R.MALA
body2015
DigiLaw.ai
Order The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the Principal District and Sessions Judge, Theni to number the appeal dated 4.8.2015 preferred by the petitioner u/s.6(c) of the Essential Commodities Act, 1955 and hear the same in accordance with law. 2. The learned Counsel appearing for the petitioner submits that the learned Sessions Judge returned the papers, directing the petitioner to produce the relevant G.O. with regard to the jurisdiction of the Principal District Judge to hear the appeal under Section 6(c) of the Essential Commodities Act, 1955. Hence, the petitioner is before this Court. To substantiate his arguments, he relied upon the earlier order of this Court in Crl. R.C. (MD) No. 193 of 2007 dated 11.04.2007. 3. Considering the arguments and on perusal of the typed set of papers, it is seen that the petitioner is the owner of the vehciles which were involved in transporting the PDS rice and hence, the vehicles have been seized and confiscation order has been passed against which, the petitioner has preferred an appeal before the learned Principal District Judge, Theni, under Section 6(c) of the Essential Commodities Act, 1955. But, the learned Principal District Judge, Theni, returned the same to file the G.O. appointing the Principal District Judge, Theni, however, instead of filing the G.O along with the application, he has come forward with this petition. 4. It is appropriate to incorporate the relevant provisions of the Section 6(c) of the Tamil Nadu Amendment Act 1981, which reads as follows:- 6-C. Appeal. (1) Any person aggrieved by an order of confiscation under section 6-A may, within one month from the date of the communication to him of such order, appeal to [any judicial authority appointed by the State Government concerned and the judicial authority] shall after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.
(2) Where an order under Section 6-A is modified or annulled 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 either case it is not possible for any reason to [return the essential commodity seized] [such persons shall, except as provided by sub-section (3) of section 6-A be paid] the price therefor [as if the essential commodity] had been sold to the Government with reasonable interest calculated from the day of seizure of [the essential commodity] [and such price shall be determined- (i) in the case of foodgrains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3-B) of section 3; (ii) in the case of sugar, in accordance with the provisions 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]." 5. It is appropriate to incorporate the relevant paragraph 7' of the order in Crl. R.C. (MD) No. 193 of 2007 dated 11.04.2007 reads as follows:- "7. ...... I would like to reproduce hereunder the relevant notice passed by the State of Tamil Nadu in commensurate with the Tamil Nadu Amendment Act, 18 of 1981:- "No. II(2)/CFCR/649/2001/Under subsection (1) of Section 6-C of the Essential Commodities Act, 1955 (Central Act 10 of 1955) the Governor of Tamil Nadhu hereby appoints the Principal District Judge on the District Judge where there is no Principal District Judge as the judicial authority within his jurisdiction in respect of the Districts in the State other than Chennai city and the Principal Judge City Civil Court, Chennai as the judicial authority within the jurisdiction of Chennai City for the purpose of the said section" (emphasic added)" 6. Considering the same, I am of the view above it is a fit case to direct the learned Principal District Judge, Theni, to take up the appeal on file if it is otherwise in order and dispose the same on merits in accordance with law. 7. With the above directions, this criminal original petition is disposed of.