1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application (APL) No. 40/2011 Sandipsingh Mahendra Bahadursingh V/s. State of Maharashtra through P.S.O. P.S. Mouda, Dist. Nagpur and another ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Mr. A. A. Sonak, Counsel for Applicant Coram: A.P. Bhangale, J Dated : 3rd August 2011 1. Heard. 2. By means of this application the applicant prayed to quash and set aside the order dated 22nd April 2010, passed by the learned Additional Collector, Nagpur, which was confirmed by the learned 7th Additional Sessions Judge, Nagpur by Judgment and Order dated 18th November 2010. 3. It appears that the Tanker Truck bearing R.T.O. Registration No. CG-07/C-0703 was confiscated by the Non- applicant no. 2. The truck was seized on 30th October 2009 by Mouda Police Station, which was allegedly contained 2 illegal 12,000 litre kerosene worth approximately Rs. 2,40,000/-. The offence was registered under Section 3 and 7 of the Essential Commodities Act and registered the Crime No. 3052/2009. at Mouda Police Station, Nagpur. The applicant had prayed for return of the truck on Suprathnama by making an application before Non-Applicant No. 2 which came to be rejected. The order passed by the Non-Applicant No. 2 dated 22nd April 2010, was challenged before the learned 7th Additional Sessions Judge, Nagpur by Criminal Appeal No. 132/2010, which was dismissed by order dated 18th November 2010, since the criminal proceeding was pending against the appellant and driver of the vehicle and there was no illegality found in the order passed by the Additional Collector, Nagpur. 4. Section 6-A sub-section (2); requires the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may (i) order the same to be sold at the controlled price, if any, fixed for such essential 3 commodity under this Act or under any other law for the time being in force (ii) where no such price is fixed, order the same to be sold by public auction. This provision may be considered with Section 451 of the Code of Criminal Procedure which is a provision pending inquiry or trial. The provision operates during the pendency of the inquiry or trial when property is produced before the Court, the Court can direct proper custody of the property pending hearing and decision in the trial. The disposal of the property which is subject to speedy and natural decay or perishable article. 5. The Court is not expected to decide title to the property but to ensure proper custody during the pendency of the trial. The Essential Commodity which is stated to be 12,000 litre kerosene valued approximately Rs. 2,40,000/- as per market rate may be sold since it is perishable item and it would be otherwise expedient in the public interest to sale the same at fair price or at the price fixed by the State Government and the amount recovered out of public auction be deposited in the Government Treasury as Collector may deem it fit or may be deposited in any Nationalised Bank in fixed deposit (FD) for initial period of three years subject to 4 final decision and the conclusion of the trial. The truck which is also subject to natural decay be returned provided that he shall give sufficient security for sum of Rs. 2,00,000/- in the facts and circumstances of the case. The amount of Rs. 2,00,000/- shall be deposited with the Additional Collector. Provided further that, the tanker-truck shall not be sold or otherwise disposed of without prior permission of the Court and shall be produced as and when required in the course of the trial. Order accordingly. JUDGE Punde