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2025 DAILYLAW 21383 (RAJ)

CHAUDHARY KHAD BEEJ BHANDAR SE v. STATE AND ORS.

CRLR/1397/2006 · 2025-07-02

Ashok Kumar Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:24312] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1397/2006 Chaudhary Khad Beej Bhandar Sewar through Malik Samandar Singh S/o Kamal Singh, Tehsil and District Bharatpur (Rajasthan). ----Petitioner Versus 1. The State of Rajasthan through Narottam Lal Sharma, Assistant Director (Agriculture) Department, Sub-Divisional, Bharatpur. 2. Ludhawai Gram Sewa Sehkari Samiti Ltd., Ludhawai (Sevar). 3. Sh. Bacchu Singh, President, Ludhawai Gram Sewa Sehkari Samiti Sewar. 4. Nahar Singh Secretary (Organizer) Ludhawai Gram Sewa Sehkari Samiti Ltd. Ludhawai, Sewar. ----Respondent For Petitioner(s) : None For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/07/2025 1. None present on behalf of petitioners-applicant. 2. Instant criminal revision petition is preferred after dismissal of Criminal Appeal No.43/2003 under Section 6A of the Essential Commodities Act passed by learned Additional Sessions Judge No.2, Bharatpur, whereby learned Additional Sessions Judge has affirmed order dated 22.09.1998 passed by District Collector, Bharatpur for disposal of fertilizer as recovered and seized while conducting proceedings under the Essential Commodities Act and relevant promulgation orders. [2025:RJ-JP:24312] (2 of 2) [CRLR-1397/2006] 3. Since, the matter pertains to year 1997 and 450 bags of DAP, 300 gunny bags of CAN and 500 bags of urea were confiscated and further directed to be sold and realization amount be deposited in State Exchequer, therefore, it is appropriate that the criminal revision petition be disposed of with liberty to the petitioner that in case, in any other proceeding, if it was found that the petitioner was entitled for possession of these fertilizers, then he is entitled to recover the amount so realized after sale in pursuant to order dated 22.09.1998 passed by District Collector. 4. With aforesaid, there is no perversity and illegality in the order passed by the Courts below, therefore, the criminal revision sans merits and same is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV /17