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1975 Supreme(Kar) 57

RANGE GOWDA
DEPUTY COMMR, CHITRADURGA – Appellant
Versus
GANGAIAH – Respondent


Advocates:
C.N.KAMATH, T.J.CHOUTA

( 1 ) ON 11-4-1974, the Deputy Commissioner, Chitradurga, passed an order in the exercise of the power conferred on him by S. 6a of thei Essential commodities Act, 1955 (hereinafter referred to as the Act), in Case No. CSD 4 COM 81/1973-74, confiscating 98 bags of paddy on the ground that the, respondents contravened the provisions of Cl (3) of the Karnataka paddy (Regulation of Inter-Dist Transport) Control Order, 1972. On appeal filed under S. 6c of the Act by the respondents against that order, the Sessions Judge, Chitradurga, by his judgment dl. 8-5-1974 passed in crlma. 24/1974, set aside the order of confiscation, but directed respondents 4 to 6 to pay a fine of Rs. 100 each; he further directed the said 98 bags of paddy to be returned to respondents 4 to 6 on their payment of the said fine. Hence this revision petition by the State.

( 2 ) THE only question that was raised by the learned Govt Pleader for consideration was whether the learned Sessions Judge in the exercise of the power conferred on him by S. 6c of the Act was correct in imposing fine, as aforementioned. S. 6a of the Act which empowers the Collector of a Dist to pass an order of confiscation, and S. 6c of the A






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