Judgment

FAZAL ALI, J. - This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated 24-3-1972 by which a revision petition of the accused who was convicted under Section 7 of the Essential Commodities Act was dismissed and a plea raised by the present appellant that the order of confiscation of his truck be cancelled, was overruled. In the instant case, we are not at all concerned with merits of the conviction of the accused. The only point that arises for determination is, whether the order of the Magistrate directing the confiscation of the truck under Section 7 (1) (b) of the Essential Commodities Act as it stood in 1969 is legally valid. The appellant had filed a petition before the High Court under Section 561-A praying that the order of the Magistrate was extremely harsh and worked serious injustice to the appellant whose property worth one lack has been confiscated for an attempt to export from Haryana to Delhi 75 maunds of cattle fodder. The High Court does not appear to have considered the merits of the application filed by the petitioner but while deciding the case of the accused on merits, it upheld the order of confiscation.

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