Anup Kumar Saria vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 303

RAJESH SHANKAR
Anup Kumar Saria – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Mukesh Kumar Banka, Mr. Tarun Kumar, Advocate
For the Respondents: Mr. Mithilesh Singh, Mr. Vishal Kumar Rai

JUDGMENT :

The present writ petition has been filed for quashing and setting aside order dated 15.02.2019 (Anneuxre-9 to the writ petition) passed by the Collector-cum-Deputy Commissioner, Dhanbad (the respondent no. 2) in Misc. Case No. 2/2018 whereby the petitioner’s Tanker bearing registration no. JH-17D- 8720 has been confiscated under section 6-A of the Essential Commodities Act, 1955 (in short, “the Act, 1955”). Further prayer has been made for quashing judgment dated 07.05.2019 passed by the Sessions Judge, Dhanbad in Criminal Appeal No. 52 of 2019 whereby the said appeal preferred by the petitioner has been dismissed upholding the order dated 15.02.2019 passed by the respondent no. 2.

2. Learned counsel for the petitioner submits that on the application of Block Supply Officer, Nirsa, an F.I.R. being Chirkunda (Maithan) P.S. Case No. 252 of 2015 was lodged on 15.09.2015 under Section 7 of the Act, 1955 against the owner, i.e., the petitioner herein, driver and helper of the said tanker alleging that the same was illegally carrying 20,000 liters of blue kerosene oil which was intercepted by the police and was subsequently seized. Though the petitioner was not present at the ti

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