DWARKA PRASAD, J.—In this writ petition the petitioner has challenged the order passed by the Collector, Jodhpur dated December 2, 1974 confiscating tyres seized from the shop of the petitioner under Section 6-A of the Essential Commodities Act, 1955 for the alleged contravention of the provisions of the Rajasthan Essential Commodities (Prices & Stock Display) Order, 1966 (hereinafter referred to as the Order) and the order of the Collector, Jodhpur dated April 24, 1974 relating to tyres and tubes.

2. The petitioner was also prosecuted for the very same contravention of the provisions of the Order for an offence under Section 3/7 of the Essential Commodities Act, 1955 (hereinafter called "the Act") in the court of Judicial Magistrate, No. 2, Jodhpur. The learned Magistrate by his order dated June 14, 1978 held that the petitioner was guilty of the contravention of the provisions of the order and sentenced him to undergo imprisonment upto the rising of the court and to pay a fine of Rs. 1,000/- and in case of non-payment of fine to further undergo simple imprisonment for three months. The petitioner preferred an appeal against the order passed by the learned Magistrate before the Ses

Click Here to Read the rest of this document