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Judgment
This criminal revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioner being aggrieved with the order dated 31.7.2018
passed by leaned Sessions Judge, Sri Ganganagar in Criminal Appeal No.225/2017 (for short ‘the court below’) whereby the court below had
refused to interfere with the order passed by the District Collector, Sri Ganganagar on 19.6.2017, however, the court below has kept it open for the
petitioner to approach the District Collector, Sri Ganganagar again, in case, the Chief Judicial Magistrate, Sri Ganganagar accepts FR in FIR
No.139/2016 of Police Station Rawla, District Sri Ganganagar.
Brief facts of the case are that an FIR No.139/2016 was registered at Police Station Rawla, District Sri Ganganagar on 13.7.2016 for the offence
punishable under Section 3/7 of the Essential Commodities Act with the allegation that the petitioner was un-authorisedly transporting wheat bags in
Truck No.RJ-21GA-7392 (hereinafter referred to as ‘the vehicle in question’) as the said wheat bags were belonging to Food Corporation of
India. The truck in question along with wheat bags was sized by the police and investigation was started.Â
In the meantime, the petitioner moved an application before the District Collector, Sri Ganganagar under Section 6A of the Essential Commodities Act
with a prayer for releasing the truck in question, however, the District Collector, Sri Ganganagar disposed of the said application and has ordered that
if the petitioner deposits Rs.4,00,000/- as penalty, then the vehicle in question shall be released. He has further ordered that if the petitioner fails to
deposit the said amount, the vehicle in question be confiscated.
It is noticed that during the pendency of the proceeding before the District Collector, Sri Ganganagar, the police filed negative final report in FIR
No.139/2016 of Police Station Rawla, District Sri Ganganagar before the Chief Judicial Magistrate, Sri Ganganagar on 16.12.2016.
However, the petitioner moved an appeal against the order dated 19.6.2017 before the District Judge, Sri Ganganagar and the District Judge, Sri
Ganganagar has dismissed the said appeal while observing that the petitioner is free to file fresh application before the District Collector, Sri
Ganganagar in case negative final report No.240/2016 arising out of FIR No.139/2016 of Police Station Rawla is accepted by the Chief Judicial
Magistrate, Sri Ganganagar.
Learned counsel for the petitioner has submitted that after passing of the impugned order by the District Judge, Sri Ganganagar, the Chief Judicial
Magistrate, Sri Ganganagar has accepted negative final report No.240/2016 vide order dated 20.8.2018.
Learned counsel for the petitioner has submitted that as per the liberty granted by the District Judge, Sri Ganganagar, the petitioner can very well
move fresh application for releasing the vehicle in question before the District Collector, Sri Ganganagar, but the predicament of the petitioner is that
the District Collector, Sri Ganganagar may take time in disposing of the said application, therefore, a direction may be issued to the District Collector,
Sri Ganganagar to decide a fresh the application, if moved by the petitioner under Section 6A of the Essential Commodities Act expeditiously after
taking into consideration the observations made by the Chief Judicial Magistrate, Sri Ganganagar in order dated 20.8.2018 whereby it has accepted the
negative final report submitted by the police.
Learned Public Prosecutor has no objection, if such a direction is issued to the District Collector, Sri Ganganagar.
In the above facts and circumstances of the case, this criminal revision petition is disposed of. The order dated 19.6.2017 passed by the District
Collector, Sri Ganganagar in Case No.67/2016 is set aside. The petitioner is free to move fresh application under Section 6A of the Essential
Commodities Act before the District Collector, Sri Ganganagar for releasing the vehicle in question. It is ordered that if such application is moved
by the petitioner, the District Collector, Sri Ganganagar shall decide the same within a period of 15 days from the date of filing of such application.Â
It is also also directed that the District Collector, Sri Ganganagar shall consider observations made in the order dated 20.8.2018 passed by the Chief
Judicial Magistrate, Sri Ganganagar while accepting the negative final report No.240/2016 arising out of FIR No.139/2016 of Police Station Rawla,
District Sriganganagar objectively.Â
The stay petition is also disposed of.