Hon’ble Vinod Prasad, J.—Confiscation of various essential commodities, food grains and non-food grains, ordered by Collector/ District Magistrate, Jaunpur dated 30.11.2009 in relation to Crime No. 840 of 2008, under Section 420 IPC and Section 63 of the Copyright’s Act and Crime No. 841 of 2008, under Section 3/7 E.C. Act, (herein after referred to as the Act) P.S. Shahganj, district Jaunpur, under Section 6-A of the Act and subsequent confirmation order, under Section 6-C, dated 22.2.2011, passed by lower appellate Court, Additional Sessions Judge / Special Judge E.C. Act, Jaunpur in Criminal Appeal No. 81 of 2009, Madan Lal Sahu v. State of U.P. have been called in question by the revisionist Madan Lal Sahu in the instant revision under Section 397/401 of Cr. P.C.

2. Before adverting to the various contentions raised by learned counsel for the revisionist a brief sketch of preceding facts are penned down as follows.

On 25.11.2009, on an information received from SDM, Shahganj, district Jaunpur, Ram Ji Singh, District Agriculture Officer and raiding party consisting of SDM Shahganj Bal Mayank Mishra, Tahsildar Praveen Kumar Singh, Incharge Inspector Shahganj Poornmasi Ram Kanaujia, S.I. Sri V.N.Singh Rathore, S.I.Ram Milan Pandey, Fertilizer clerk Mohd. Naseem, orderly Tapsi Nath, driver Mohd. Harun, constables Lal Chand Yadav and Bheem Singh raided go-down of the revisionist situated at village Korbaliya, under police circle Sahganj, district Jaunpur because of the reason that it was informed that in the said go-down adulterated and spurious fertilizers were being prepared and stitched in bags. Revisionist alongwith his associates Sujeet Kumar and three others were alleged to have escaped from the go-down towards railway line after locating the raiding party and could not be apprehended. Conducted search of the go-down surfaced stocking of 23 bags of salt, 630 bags of wheat, 135 bags of Ravi Fertilizer Dhagua 12;32;16, 298 bags of NPK 10; 15; 10, 336 bags of Khushhal Fertilizer of PNK 10;15;10, 511 bags of Natraj Fertilizer Super phosphate, Malathion power 38 bags, PPL Fertilizer 258 bags, two bundles empty new bags, DAP 203 bags, Ramban 65 bags and many new and old empty bags, packing machine, plastic threads and some old fertilizers. In the estimation of the raiding party, revisionist alongwith his associates and helpers were engaged in preparation and stitching in bags spurious and substandard fertilizers. Since these activities fell within the mischief of Section 420 IPC, section 63 Copyrights Act and 3/7 E.C. Act, that the entire stored stocks were seized and sealed. Collected local individuals refused to be witness of the said seizer. After drawing samples of fertilizers and after segregating packing machine and threads, rest of the stored article were sealed in the same go-down by the raiding party. Radhey Mohan s/o Moti Lal, partner of Firm Abhay Ram Gopi Nath, meanwhile arrived at the scene and hence was made receiver of the seized articles. Segregated articles including packing machine and threads were given in the custody of Inspector P.S. Shahganj. Seizer memo was scribed by Ram Milan Pandey and signatures of the members of the raiding party were obtained on it.

3. Two FIRs regarding said seizer were got recorded at 5.45 p.m. the same day against the revisionist, Sujeet Kumar and others as Crime Nos. 840/08(for offences under Section 420 IPC, Section 63 Copyright’s Act) and Crime No. 841 of 2008 (for offence under Section 3/7 of the Act) at P.S. Shahganj, district Jaunpur. Search and seizer were reported to the Collector/ District Magistrate, Jaunpur, who, initiating action under Section 6-A of the Act issued show-cause notices to the revisionist for confiscation under Section 6-B of the Act vide Annexure 5, on 18.12.2008 fixing 5.1.2009 for his appearance before him to explain why the aforesaid seized articles be not confiscated. Revisionist appeared and filed his objection vide Annexure 5. Separately, on