H.R. Panwar, J.- By the instant revision petition under Section 397 read with Section 401, CrPC, the petitioner has challenged the order dated 110.2004 passed by Chief Judicial Magistrate, Udaipur (for short the trial Court hereinafter) in Criminal Case No. 384/2002 whereby the trial Court framed the charges against the petitioner and other co-accused for the offence under Section 3/7 of the Essential Commodities Act, 1955 (for short the Act hereinafter). Aggrieved, by the order impugned, the petitioner has filed the instant revision petition.

2. I have heard learned Counsel for the petitioner and perused the order impugned as also challan papers.

3. It is contended by the learned Counsel for the petitioner that the wheat weighing 100 Qtls. which was seized in the instant case has been directed to be returned to one Dalchand Jain under Section 6(a) of the Act by the District Collector and therefore, it cannot be said that the wheat which was being transported by the petitioner in the truck bearing No. RRJ-9161 belongs to the Food Corporation of India and was meant for distribution to the persons below poverty line.

4. Learned Public Prosecutor supported the order impugned