THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 178 of 2010 Date: 05.02.2010 Between: M.R. Laxminarayana. .. Petitioner And State of A.P., rep. by its Public Prosecutor Through SHO, C.K. Palli P.S., Anantapur. Respondent/Complainant THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 178 of 2010 Order: This revision is directed against the docket orders dated 29.01.2010 passed by the Additional Judicial Magistrate of First Class, Dharmavaram, Anantapur District, in Crl.M.P. No.403 of 2010 in Crime No.88 of 2009 of C.K. Palli Police Station. Heard. Section 6-E of the Essential Commodities Act, 1955 is as follows. Section 6-E. Bar of jurisdiction in certain cases.- Whenever any essential commodity is seized in pursuance of an order made under Section 3 in relation thereto or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under Section 6-A, the Collector, or, as the case may be the State Government concerned under Section 6-C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force any Court, Tribunal or other authority, shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal or release distribution of such essential commodity package, covering receptacle, animal, vehicle, vessel or other conveyance. It is submitted that in view of the same, the vehicle should not have been produced before the Court. It is also submitted that even if the vehicle is in the custody of the Court, in view of the above clear provision of law, the Magistrate had no jurisdiction to pass any orders. It is further submitted that it is the Joint Collector and the Additional District Magistrate who had power to pass appropriate orders, and accordingly, the Joint Collector and the Additional District Magistrate, Anantapur, has passed orders directing the Tahsildar concerned to get the seized lorry released from the Station House Officer, C.K. Palli (custodian of the seized vehicle) and return to the petitioner under proper acknowledgment. In view of the above direction, the learned Additional Judicial Magistrate of First Class, Dharmavaram, Anantapur District, is directed to return the vehicle to the police concerned for complying with the orders of the Joint Collector and the Additional District Magistrate, Anantapur, forthwith. Accordingly, the Criminal Revision Case is disposed of. ______________________ B. CHANDRA KUMAR, J. Date: 05.02.2010 Note: Issue CC by tomorrow (B/O) Nsr