JUDGMENT :

J.J. Munir, J.

This petition under Article 227 of the Constitution seeks to question an order of Mr. Ehsanullah Khan, the then Additional Sessions Judge, Court No. 3, Shahjahanpur dated 05.09.2017, passed in Criminal Appeal No. 38 of 2017, under Section 6-C of The Essential Commodities Act, 19551, dismissing the said appeal and affirming an order of Mr. Narendra Kumar Singh, the then Collector, Shahjahanpur, ordering confiscation of the petitioner’s tractor along with its trolley, under Section 6-A of the Act of 1955, with an option to pay in lieu of confiscation.

2. The facts that give rise to the present petition are these :

According to the State, on 11.09.2016 at 11 O’ Clock in the night, a tractor of Sonalika make, blue in colour, bearing Registration No. UP 27 Y 1676, along with a trolley, was carrying 41 bags full of rice. The tractor belonged to the petitioner, Munna Singh. The tractor was being followed by a Maruti Van, bearing Registration No. UP 27 AB 6557, which had, for its occupants, Jagdish Singh and Surendra Singh. It is said that these two men were owners of the bulk of rice being carried on the tractor trolley. This tractor was apprehended by one Vishram S