JUDGMENT :

1. This Criminal Revision Petition under Section 397/401 Cr.P.C. has been preferred claiming the following reliefs:-

“It is, therefore, most respectfully prayed on behalf of the petitioners that this revision petition may kindly be allowed and the impugned order dated 13.08.2015 passed by learned Sessions Judge, Udaipur may kindly be quashed and set aside. Any other relief which this Hon’ble court, deems, proper may kindly be given in favor of the petitioner”.

2. Brief facts of the case as placed before this Court by learned counsel for the State-petitioners are that the respondents were found to be in possession of sacks of imported food grains, namely red wheat, and that the same was used for manufacturing processed flour. On information being received by the concerned State authorities, that the respondents were engaged in black market activity and illegal sale/purchase of the red wheat, a raid was conducted and the said food grain was seized. Pursuant thereto, the District Collector, Udaipur initiated proceedings under Section 6A (1) of the Essential Commodities Act, 1955 (hereinafter referred to as ‘Act of 1955’). And that the respondents were found to be flouting the order passed under Section 3 of the Act of 1955, and consequently the seized imported red wheat was confiscated. Subsequently, a criminal case was registered against the respondents under Section 3/7 & 3/8 of the Act of 1955 and the same is pending trial. For the sake of brevity, the Section 6A is reproduced as hereunder:-

“6A. Confiscation of essential commodity.-

(1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report of such seizure shall, without unreasonable delay, be made to the Collector of the district or the Presidency town in which such essential commodity is seized and whether or not a prosecution is instituted for the contravention of such order, the Collector may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied that there has been a contravention of the order may order confiscation of-

(a) the essential commodity so seized;

(b) any package, covering or receptacle in which such essential commodity is found; and

(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:

Provided that without prejudice to any action which may be taken under any other provision of this Act, no food grains or edible oil seeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains or edible oil seeds have been produced by him, be confiscated under this section:

Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.

(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may-

(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or

(ii) where no such price is fixed, order the same to be sold by public auction:

Provided that in case of food grains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such food grains to the public.

(3) where