Procedural errors in filing do not warrant modification of orders unless a substantial mistake is demonstrated, as per Section 362 of CrPC.

Heard on I.A.No.2792/2024, an application for modification of order dated 9.9.2023 passed in the present case by which the application filed by the applicant against the order of confiscation was dismissed and a month's time was granted to the applicant to avail the liberty granted by the appellate court by filing an application under section 6A(1) of Essential Commodities Act.

2. It is submitted by counsel for applicant that on account of mistake of his counsel, an application for supurdginama was filed instead of filing an application under section 6A(1) of Essential Commodities Act and, therefore, the said application has been rejected. Accordingly, it is prayed that the applicant may be granted further time of one month to file a proper application under section 6A(1) of Essential Commodities Act.

3. It is further submitted that merely because if an application has been filed under incorrect provision of law, still the authority has to consider the said application in light of the prayer clause and accordingly the authority should have decided the application by treating it to be an application under section 6A(1) of Essential Commodities Act.

4. Heard the learned counsel for the applicant.

5. The applicant has filed a copy of the application filed by him before the Collector, Anooppur as Annexure D/2 along with I.A.No.2792/2024.

6. From this application it is clear that the applicant had sought for interim custody of the vehicle and there is not averment that in view of the confiscation he is ready to deposit the invoice value of the property.

7. Under these circumstances, this Court is of considered opinion that the Collector, Anooppur did not commit any mistake by rejecting the said application.

8. So far as the prayer for grant of further time to move an application under section 6A(1) of Essential Commodities Act is concerned, this Court is of considered opinion that such a prayer cannot be entertained in the light of bar as contained under section 362 of CrPC as no arithmetical or clerical mistake has been pointed out by the counsel for applicant warranting modification of the order.

9. Ex consequenti, I.A.No.2792/2024 is hereby rejected. 10. The proceedings are finally disposed of.