State of Rajasthan vs Kanhaiya Lal and Others

Guman Mal Lodha, J.—In this criminal revision under Sections 397 and 401 Cr. PC against the order of Sessions Judge, Ajmer dated 11-8-1981, the question is whether the order Section 6A of the Essential Commodities Act could have been passed by the Additional Collector. The Sessions Judge has accepted the appeal on the ground that Additional Collector was not competent because it was the Collector and Collector alone who could have passed the order.

Before this court it is now common ground after earlier discussion, study search and research that according to the provision of 2(1)(a) as introduced by amendment Act of 1976 Collector includes Additional Collector or such an officer not below the rank of Sub-Divisional Officer as may be authorised by the Collector to perform the functions and exercise powers of the Collector made under this Act.

The definition of the Collector is inclusive of Additional Collector having become patent in the Act itself, no debate or discussion is now required and the revision deserves to be accepted. Consequently, the revision is accepted and the impuged order of Sessions Judge is set aside. The Sessions Judge would now hear the appeal on merits and decide it according to law.