JUDGMENT

Manindra Mohan Shrivastava, J. - Learned Single Judge of this Court, while adjudicating upon a dispute in the matter of disposal of property seized on the allegation of commission of offence under Section 3 & 7 of the Essential Commodities Act, 1955 (hereinafter referred to as "the EC Act") recorded its disagreement with the view taken by another coordinate Bench in CRMP No.1068 of 2014 (Vishnu Prasad Vaishnav Vs. State of Chhattisgarh) decided on 17.12.2014. The matter accordingly has been referred to this Bench for answering following two questions of law:-

"(A) In absence of confiscation proceedings pending, whether Section 6-E of the Essential Commodities Act, 1955 creates an absolute bar to deal with Section 457 of the Code of Criminal Procedure ?

(B) Whether Section 6-E takes away the Judicial Authority to grant custody of vehicle, goods etc., pending appeal under Section 6-C of the Act of 1955 ? "

2. Before we proceed to answer the stated questions of law in this reference, we consider it apposite to set-out brief resumption of relevant facts and the factual backdrop of events giving rise to present reference, as stated infra.

3. A truck was seized by Police Statio