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Judgment
K.Murali Shankar, J
The above Criminal Original Petition is directed against the order of return made by the learned Principal District and Sessions Judge, Madurai, dated 23.12.2022, returning the appeal filed under Section 6C of the Essential Commodities Act, challenging the order of the first respondent.
The learned Principal District Judge, by observing that Section 6C of the Act enables any person aggrieved by an order of confiscation under Section 6A of that Act to prefer appeal and that the impugned order passed by the first respondent dated 30.08.2022 is not an confiscation order and is only an interim order recommending to cancel the permission, returned the petition as to how an appeal under Section 6C of the said Act is maintainable.
As rightly pointed out by the learned Principal District Judge, in the impugned order, the first respondent has recommended to cancel the permission granted to the first accused Srinath @ Srirenganath and the relevant passage is extracted hereunder:-
“11. ,f;Fw;wj;jpy; <Lgl;l 1-Mk; vjphp =ehj; (v) =nuq;fehj; nghJ tpepNahf jpl;l nghUl;fs; jkpo;ehL Efh;nghUs; thzpg fof fpl;lq;fpapy; ,Ue;J epaha tpiyf;filfSf;F efh;T nra;ag;gLk; xg;ge;jk; ngw;w egh; vd;gJ tprhuizapy; njhpa tUfpwJ. vdNt Nkw;fz;l egUf;F toq;fg;gl;l mDkjpapid ,uj;J nra;J chpa eltbf;if Nkw;nfhs;SkhW kJiu kz;ly $l;LwT rq;fq;fspd; ,izg;gjpthsUf;F njhptpf;fg;gLfpwJ.”
As rightly contended by the learned Government Advocate (Criminal Side), since the first respondent has not passed any confiscation order, the question of preferring an appeal under Section 6C of the Act does not arise at all.
At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner may be granted liberty to approach the District Collector under Section 6B of the said Act.
Recording the above, this Criminal Original Petition stands dismissed. The petitioner is at liberty to challenge the order of the first respondent before the District Collector, if so advised.