ARVIND K. TRIPATHI, J.

Counter and rejoinder affidavit has been exchanged.

2. Heard learned counsel for the petitioner, learned AGA and perused the record.

3. The present writ petition of criminal nature has been filed against the order dated 21. 10. 2008 passed by learned Additional Chief Judicial Magistrate-l, Ballia in Case Crime No. 97/06, State v. Ramesh Yadav, rejecting the release application for release of the truck/vehicle No. U. P.-60/j4644 and the order dated 4. 11. 2008 passed by Special Judge/additional Sessions Judge, Ballia rejecting the criminal revision No. 326/08, Sabir Ali Fridi v. State of U. P. passed against the aforesaid order passed by learned Additional Chief Judicial Magistrate, 1st Ballia.

4. Counsel for the petitioner submitted that the First Information Report was lodged by respondent No. 2 on 15. 9. 2008 at Police Station Garwar, District Ballia, under Section 3/7 Essential Commodities Act, which was registered as Case Crime No. 97/08. There was allegation that the articles to be sold by the fair price shop distribution system were being transported to sell the same in the open market, which was loaded on the aforesaid truck. On the information raid wa

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