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1982 Supreme(Ker) 209

T.CHANDRASEKHARA MENON
C. Unni – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

A motor vehicle K.L.T. 8988 was seized on 10-1-1975 at Cheruvarakonam in Trivandrum District in accordance with the provisions of the Essential Commodities Act as it was conveying 4 bags of wheat through the zonal area without any permit. Proceedings were initiated in pursuance of such seizure in accordance with that Act (hereinafter called the Act) and the Inter-Zonal Wheat and Wheat Products Order, 1973. Comoplying with the required formalities, the Collector held that violation of the Order has been established and consequently directed the confiscation of the vehicle under S. 6A of the Act. From the proceedings of the Collector, an appeal was filed to the District Court, Trivandrum, as provided under S. 6-C(1) of the Act by the petitioner, the owner of the vehicle. The appeal was dismissed. In the meanwhile prosecution has been initiated for the contravention of the order in respect of which the order of confiscation had been made against the driver of the vehicle and another person. The case ended in acquittal.

2. The fact of the acquittal in the criminal case had been brought to the notice of the District Court when appeal under section 6-C was pending before it,









































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