-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T Hansraj & anr. Vs. State of Rajasthan S.B.CRIMINAL REVISION PETITION NO.463/2004 against the judgment dt.21.4.2004 passed by the Sessions Judge, Sri Ganganagar, in Criminal Appeal No.8/2002. Date of Judgment: May 05, 2008 P R E S E N T HON'BLE MR.JUSTICE DEO NARAYAN THANVI Mr.N.L.Joshi, for the petitioners. Mr.Vishnu Kachhwaha, Public Prosecutor. BY THE COURT : This revision petition is directed against the order of the learned Sessions Judge, Sri Ganganagar, dated 21.4.2004, whereby he dismissed the appeal of the petitioner by confirming the order of the learned Collector dated 7.2.2002, whereby 2800 litres of diesel recovered from the petitioners was ordered to be confiscated. It has been contended by the learned counsel for the -2- petitioner that under Clause 15 of the Rajasthan Petroleum Product (Licensing & Control) Order, 1990, a person can keep 2500 litres of diesel at a time but here, in this case, there were two persons and that being the position, no violation was made of the above Order. Despite that, the learned Collector as well as the learned Appellate Court ordered for confiscation of the diesel. According to the learned counsel for the petitioners, the appellate Court was also informed about the acquittal of the accused petitioners vide judgment dt.16.10.2003 passed by the C.J.M., Sriganganagar and the learned Appellate Court has not taken into consideration the provisions of Section 6A(3) & Section 6C(2) of the Essential Commodities Act, 1955, hereinafter referred-to as “the Act of 1955”, wherein it is clearly stated that if a person is acquitted and in either case, it is not possible for any reason to return the essential commodity seized, such person shall, except as provided by sub-section (3) of Section 6A, be paid price therefor. Relevant provisions are as under: “6A. Confiscation of essential commodity.- (1) xxx (2) xxx (3) Where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall - (a) where no order or confiscation is ultimately passed by -3- the Collector, (b) where an order passed on appeal under sub-section (1) of section 6C so requires, or (c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner or the person from whom it is seized.” “6C. Appeal.- (1) xxx (2) Where an order under Section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under Section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to return the essential commodity seized, such person shall, except as provided by sub-section (3) of Section 6A, be paid the price therefor as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined - (i) xxx (ii) xxx (iii) in the case of any other essential commodity, in accordance with the provisions of sub- section (3) of section 3.” In view of the above provisions, it appears that the learned Appellate Court while disposing of the appeal under Section 6C of the Act of 1955, has not taken into consideration the above provision that once a person is acquitted, the goods seized are required to be returned or price has to be paid thereof. Thus, the learned Appellate Court has not passed the order in accordance -4- with law. Consequently, the revision petition is allowed. The order of the learned Sessions Judge, Sriganganagar, dt.21.4.2004 is set aside and the price of goods seized i.e. diesel, which has been said to be auctioned, be paid to the petitioners with interest at the rate of 6% per annum from the date of auction. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS