JUDGMENT :

Sanjay Kumar Singh, J.

1. Heard learned counsel for the revisionist and learned AGA for the opposite party no.1/State of U.P.

2. This criminal revision under Section 397/401 Cr.P.C. has been filed by the revisionist with a prayer to set aside the impugned order dated 7.3.2019 passed by learned Additional Chief Judicial Magistrate, Court No.1, Jhansi, whereby the application of the revisionist for release of seized essential commodity (food grains) in his favour has been rejected.

Issue

3. The issue for consideration before this Court is "whether the application under Section 451 Cr.P.C. for release of seized food grains (case property) is maintainable during pendency of confiscation proceedings before the authority concerned under The Essential Commodities Act, 1955"?

Basic Facts

4. Filtering out unnecessary details, the brief facts giving rise to present criminal revision are that revisionist is wholesaler of foodgrains, pulses and oil seeds. On 10.1.2019, the opposite party no.2 (District Manager, P.C.F. Jhansi) alongwith General Manager C.W.C. Chirgaon, Regional Manager P.C.F. Jhansi inspected the campus of Krishi Utpadan Mandi Samiti. At the time of inspection a truck No. U