The central legal point established in the judgment is the authority of the competent authority to pass orders for the release of the seized vehicle as provided in the Essential Commodities Act, 1955 and relevant legal pronouncements.

Vivek Agarwal, J.

1. Petitioner has preferred this petition challenging the order dated 10.01.2017 passed by the Collector, District-Gwalior, wherein the application of the petitioner for getting the vehicle on Supurdagi has been rejected.

2. Facts in brief are that the petitioner is a registered owner of vehicle truck having registration No.MP09 KA 1057 and the said vehicle was caught by the police authority of Police at Krishna Dhaba Susera Bypass Road, carrying fertilizers whereupon Fertilizer Inspector was called and further action has been taken in pursuance to the Essential Commodities Act, 1955 (in short ‘the Act’) as well as the Fertilizers (Control) Order, 1985 (in short ‘the Control Order’).

3. The main contention raised by the petitioner is that Section 6-A of the Act deals for confiscation of essential commodity and also deals in respect of exigency regarding the seized vehicle, the same is provided in second proviso to sub section (1) of Section 6-A.

4. Learned counsel for the petitioner relied upon the judgment of Hon’ble Supreme Court in the matter of Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, judgment rendered by the Division Bench of Andhra Pradesh High Court in the matter of G. Subbarama Naidu v. The Joint Collector, Chittoor Dist. and others, AIR 1986 AP 82 and the Coordinate Bench of this Court in the matter of Rajmohan Kapoor v. State of M.P. and others, 2010 (1) EFR 197, Parsadilal v. State of M.P. 2012 (3) MPLJ 529 and Mewalal Sharma v. State of M.P. through Police Station Mihona District Bhind, 2011 (1) MPLJ (Cri.) 371. Petitioner prayed for release of the vehicle on Supurdagi.

5. On the other hand, respondents have filed reply and contested the claim of petitioner. According to counsel for the respondents, the case was rightly registered against the petitioner because of violation of clause 7, 8 and 25(3) of the Control Order which makes petitioner liable for confiscation under Section 6-A of the Act for violation of Section 3 of the Act. Thus, prayed for dismissal of this petition.

6. Heard learned counsel for the parties and perused the record.

7. The facts of the case are not disputed. Counsel for the parties are in unison in respect of facts. Section 6-A of the Act is reproduced as under:

“6-A. Confiscation of essential commodity :- (1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report of such seizure shall without unreasonable delay be made to the Collector of the district or the Precedency town in which such essential commodity is seized and whether or not a prosecution is instituted for the contravention of such order, the Collector may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied that there has been a contravention of the order, may order confiscation of:

(a) the essential commodity so seized;

(b) any package, covering or receptacle in which such essential commodity is found; and

(c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity.

Provided that without prejudice to any action which may be taken under any other provision of this Act, no food grains or edible oil seeds, in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains or edible oil seeds have been produced by him, be confiscated under this section. Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.

(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodit