T.V. Nalawade, J.

1. The petition is filed to challenge the order made by the learned Ad hoc Additional Sessions Judge, Osmanabad in Criminal Revision Application No. 116/2011. The learned Additional Sessions Judge has set aside the order made by the learned Judicial Magistrate, First Class of interim custody of food grains seized under section 3 of the Essential Commodities Act, 1955. The order was made by the learned Judicial Magistrate First Class on 19-7-2011 and it appears that interim custody was given accordingly by the Tahsildar on 17-8-2011. The criminal revision application came to be decided on 4-7-2012. The learned Counsel for the petitioner submitted that as the custody was already given, the revision has become infructuous and the learned Additional Sessions Judge ought not to have decided the matter. This proposition is not at all acceptable. Propriety or legality of the order made by the learned Judicial Magistrate can always be ascertained by the Sessions Court.

2. If the scheme of the provisions of the Essential Commodities Act 1955 (for short, "The Act") is seen it can be said that only the Collector has the power with regard to interim or final disposal