Point of Law: the power and jurisdiction of the Magistrate under Section 451 Cr.P.C. during pendency of confiscation proceedings under the Forest Act and held that the jurisdiction under Section 451 of the Code of Criminal Procedure is not available to the Magistrate, once the authorized Officer initiated the confiscation proceedings on account of clear bar of jurisdiction in certain cases under the Act.

JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. Heard Shri Ravi Ratan Kumar Sinha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. This application u/s 482 Cr.P.C. has been filed by the applicant Rajesh Kumar Yadav with a prayer to set-aside the impugned order dated 25.08.2020 passed by Chief Judicial Magistrate, Chandauli on the release application in Case No. Nil of 2020 (Rajesh Kumar Yadav vs. State of U.P.) arising out of Crime No. 68 of 2020, under Section 3/7 Essential Commodities Act, 1955, Police Station Alinagar, District Chandauli, whereby the application for release of seized vehicle has been rejected.

3. Factual Matrix of the case is as under:

Applicant Rajesh Kumar Yadav moved an application for release of vehicle (tanker) bearing no. UP-62-BT-1335 alleging himself to be its registered owner. On 01.04.2020, Inspector Police Station Alinagar, District Chandauli reported that near Sareshar village Vijay Yadav R/o Domanpur, P.S. and District Bhadohi with three gallons each having capacity of 20 liters and one pipe to be used for extracting oil from the tanker, was found present and from the tanker theft of oil was attempted. All the upper lids of tanker were opened. Supply Inspector Rajeev Kumar along with his staff went to Police Station Alinagar and inspected the tanker, it was found that the tanker contained 20,000 (twenty thousand) liters diesel. Locks of all chambers were found opened, which was illegal. The tanker was registered in favour of Rajesh Kumar Yadav R/o Junwani Road, Bhilai Road, Chhattisgarh. Driver of the tanker was not present. Vijay Shankar Yadav stated that he was brother of owner of the tanker. The driver of tanker drove it from Indian Oil to Shiv Enterprises, Rae Bareli on 31.3.2020 at 3 O'clock, having 20,000 (twenty thousand) liters of diesel. He parked the tanker near Sareshar Village and went to his home. On 1.4.2020 in the morning, police saw the opened seal and made query with him, it was found that 20,000 (twenty thousand) liters diesel was being black-marketed by Vijay Shankar Yadav. As a result, tanker bearing no. UP-62-BT-1335 containing 20,000 (twenty thousand) liters diesel and two empty gallons of twenty liters capacity and one other gallon filled with twenty liters diesel alongwith oil extracting pipe was seized and thereafter First Information Report under Section 3/7 Essential Commodities Act was lodged as Crime No. 68 of 2020, Police Station Alinagar, District Chandauli.

4. The owner of vehicle/applicant Rajesh Kumar Yadav moved an application before learned Chief Judicial Magistrate, Chandauli for release of vehicle which was rejected. As a result Criminal Revision No. 21 of 2020 was preferred before the court of 1st Additional Sessions Judge, Chandauli which was allowed and order passed by learned Chief Judicial Magistrate dated 6.6.2020 was set-aside. Matter was returned back to the learned Chief Judicial Magistrate for passing order afresh in the light of observations made by the learned 1st Additional Sessions Judge.

5. Again applicant moved an application before the learned Chief Judicial Magistrate, Chandauli for release of the seized vehicle in the light of the order passed by the learned Additional Sessions Judged which was again rejected by learned Chief Judicial Magistrate on 25.8.2020 on the ground of non-maintainability of the application on account of confiscation proceedings pending before the court of District Magistrate, Chandauli under Section 6A of Essential Commodities Act. Being aggrieved with this order this Criminal Misc. Application u/s 482 Cr.P.C. has been preferred before this Court.

6. Learned counsel for the applicant submits that applicant is a businessman and has a tanker bearing no. UP-62-BT-1335 for doing transportation work. On 4.1.2020 his tanker was not involved in any Essential commodities Act but the Inspector, in-charge, Alinagar for taking bribe implicated the applicant's tanker containing 20,000 (twenty thousa