THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6389 of 2009 ORDER: This application is filed to quash the proceedings in Criminal Appeal No.381 of 2008 on the file of Metropolitan Sessions Judge, Hyderabad, confirming the confiscation order dated 19.07.2008 passed by the Chief Rationing Officer, Hyderabad, whereunder some gas cylinders etc., which were un-authorizedly stored by the petitioner are said to have been confiscated. 2. The learned counsel for the petitioner contends that the court of the Metropolitan Sessions Judge has no jurisdiction to entertain the appeal. According to him originally the appeal under Section 6(c ) of E.C. Act, 1955 was available and to be filed by the authority emanated by the State Government and subsequently there was an amendment in the year 1993 giving power to the judicial authority which was consequently being entertained by the District Courts and that amendment was effective only for a period of 15 years and it has lapsed and the present appeal was presented on 4.12.2008 and consequently the judgment passed by the learned Sessions Judge is not valid. However, it is also to be noticed that the proceedings that were being conducted by the District Judge or Metropolitan Sessions Judge against the orders of confiscation are not strictly criminal proceedings and if that being so, the aid of Section 482 Cr.P.C cannot be called in and the quash proceedings also cannot be maintained. 3. In this connection, it is useful to refer the judgment reported in M/s. Ravindra Fertilisers Co., Gudur vs. Govt of A.P., and others[1]. Therefore, in view of the above circumstances, the remedy of the petitioner is to challenge the order by virtue of a Writ Petition or otherwise. 4. Accordingly, the Criminal Petition is disposed of giving liberty to the petitioner to challenge the impugned order by virtue of filing a Writ Petition or otherwise. _____________________________ N.R.L. NAGESWARA RAO, J Date:15.12.2011. Gk THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6389 of 2009 DATE: 15.12.2011 Gk [1] 1992(2) ALT 33