Neutral Citation No. - 2025:AHC:78865 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16663 of 2025 Applicant :- Mohd Aqil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Agrawal,Monica Garg,Uttam Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing order dated 05.04.2025 passed by learned Additional Session Judge, Court No.3, Hathras in Criminal Revision No.45 of 2025 (State of U.P. vs. Mohd. Aqil) arising out of Case Crime No.28 of 2025, under sections 7, 19(C)(ii), 8 of Fertilizer (Control) Order, 1985 and sections 3/7 of Essential Commodities Act, 1955, P.S. Sasni, District- Hathras. Further prayer has been made to direct the authorities concerned to release the Truck bearing registration no. UP-38-T-5579 in favour of applicant. 3. Instructions taken on record in Application u/s 528 BNSS No.14461 of 2025 are relied to the instant matter also and as such the same situation arises in the instant matter also, wherein it is clear that learned A.G.A. has nothing to say the about the question whether any proceeding initiated at the behest of District Magistrate/competent authority by way of issuing notices against the applicant in respect of any confiscation proceeding in pursuance to release of vehicle in question, which still rests into the custody of Police Station- Sasni Kotwali, District- Hathras. 4. While challenging order dated 05.04.2025 passed by learned Additional Session Judge, Court No.3, Hathras, learned counsel for applicant submitted that the finding recorded by learned revisional court under para-8 is perverse, since it is apparent from the records available at page-86 in shape of notice dated 07.02.2025 issued by Additional District Magistrate (Finance/Revenue), Hathras, which is not having name of applicant amongst three persons against whom the notices have been issued in pursuance to section 6B of Essential Commodities Act. The provision contained under section 6B of Essential Commodities Act is also stand verified through the instructions received by learned A.G.A. wherein no specific document has been appended which would go to show that the notices should be issued against the applicant in pursuance to confiscation of the vehicle under section 6B of Essential Commodities Act. 5. In the wake of arguments raised by learned counsel for the applicant as well as the order passed by learned revisional court, which is perverse in the light of absence of any specific notice issued by District Magistrate/competent authority assigned under the E.C. Act and as such order dated 11.02.2025 passed by learned Additional Chief Judicial Magistrate, Hathras is well justified. 6. In view of the aforementioned facts and circumstances and in the light of documents provided in shape of instructions and the documents available with the instant application, order dated 05.04.2025 passed by learned court of Additional Session Judge, Court No.3, Hathras is hereby set-aside and at the same time, order dated 11.02.2025 passed by learned Additional Chief Judicial Magistrate, Hathras stands approved. The opposite party no.3 is hereby directed to release the truck bearing registration no.UP-38- T-5579 in favour of applicant with the terms and conditions mentioned in order dated 11.02.2025 within 15 days from today. 7. The instant application stands allowed accordingly. Order Date :- 14.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad