Bombay High Court
State of Maharashtra
Versus
Manish Kumar
Decided On:

Headnote:Sections 6-A and 6-E-Criminal Procedure Code, Sections 451 and 457-Seizure of gas cylinders by police-Addl. Sessions Judge restoring gas cylinders to respondents-Challenged-Through Collector is competent authority in mailer of essential commodity-But, since this matter not commenced for confiscation before Collector under Section 6-A of Act, there was no bar for Add. Sessions Judge to exercise power under Sections 451/457, Cr PC-Revision dismissed.-lf, the facts in the present case are analysed, it will be evident that in spite the specific order being passed on 5th November, 1996 that as to whether any proceeding for confiscation is pending before the Collector, the learned APP could not make any statement before the learned Additional Sessions Judge and proceeded to argue the mailer on 6th November, 1996. Thus, it is evident that when the Court passed an order on 7th November, 1966, there was no confiscation proceeding pending under Section 6-A and/ or under Section 6-C either before the Collector or before the State Government in respect of the essential commodity involved in the present mailer. Shri Wahane makes a statement that on the 7th November, 1996 such application has been preferred by the Police Station Officer, Akola. However, no action thereafter, also appears to have been taken by the Collector. The above statement itself points out that on date when the mailer was heard and disposed of by the learned Additional Sessions Judge, Akola, there was no proceeding pending before the Collector under Section 6-A for confiscation of the essential commodity and, therefore, as discussed above, there was no bar for the learned Additional Sessions Judge, Akola, to exercise his powers under Section 457 read with Section 451 of the Criminal Procedure Code and, therefore, the order passed by the learned Additional Sessions Judge is legal and proper.

       For Citation : 1998 Bom CR (Cri) 452 : 1998 All MR (Cri) 89 : 1998(1) Bom LR 760 : 1998(1) Mh LJ 431 : 1998(1) Cri LJ 303