- 1 - HC-KAR NC: 2026:KHC:30496 CRL.P No. 2405 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 2405 OF 2019 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. STATE OF KARNATAKA BY DEPUTY COMMISSIONER, D.K.MANGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01. 2. THE FOOD INSPECTOR FOOD AND CIVIL SUPPLIES DEPT. D.C.OFFICE BUILDING, MANGALURU. REP. BY SPP, HIGH COURT, BENGALURU-01. …PETITIONERS (BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER) AND: 1. K. DINAKAR S/O. LATE K.SUBBARAO, AGED ABOUT 68 YEARS, R/AT NO.1011, MAHARAJA HEIGHTS, FALNIR, MANGALURU-575001 2. ASHOKA S/O. A.NARAYANA SAPALYA, AGED ABOUT 33 YEARS, R/AT DOOR NO.3-421 ADYAR PADAVU, MANGALURU-575001 …RESPONDENTS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30496 CRL.P No. 2405 of 2019 (BY SRI. HAREESH BHANDARY T., ADVOCATE FOR RESPONDENT NO.1; NOTICE SERVED ON RESPONDENT NO.2 AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 22.06.2018 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.38/2016. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The State has challenged the order dated 22.06.2018 passed in Crl.A. No.38/2016 by VI Additional District and Sessions Judge, Dakshina Kannada, Mangaluru. 2. The Deputy Commissioner by order dated 05.01.2016 confiscated 39 gas cylinders, 06 empty cylinders, 09 commercial LPG cylinders and 03 empty commercial LPG cylinders for violation of the Provisions of the Essential Commodities Act, 1955 (henceforth referred to as 'Act, 1955' for short). Aggrieved by the same, the respondent No.1 filed Crl.A. No.38/2016 before the District Court under Section 6C of the Act, 1955. The District Court in terms of the order dated - 3 - HC-KAR NC: 2026:KHC:30496 CRL.P No. 2405 of 2019 22.06.2018 allowed the appeal and set aside the order passed by the Deputy Commissioner and directed restoration of 57 LPG cylinders to the respondent No.1. 3. Being aggrieved by the said order, the State is in appeal. 4. The learned High Court Government Pleader submitted that an appeal to the District Court is not provided under Section 6C of the Act, 1955. He invited the attention of the Court to Section 6C of the Essential Commodities (Special Provisions) Act, 1981 (henceforth referred to as 'Act, 1981' for short) which reads as follows: "5. Amendment of Section 6C.-In section 6C of the principal Act,- (a) in sub-section (1), for the words "any judicial authority appointed by the State Government concerned and the judicial authority", the words "the State Government concerned and the State Government" shall be substituted. (b) in sub-section (2), for the words "such judicial authority", the words "the State Government" shall be substituted." - 4 - HC-KAR NC: 2026:KHC:30496 CRL.P No. 2405 of 2019 He contends that an appeal is not maintainable against the order of the Deputy Commissioner before the District Court and it is only a revision petition that could be filed before the State Government. 5. Per contra, the learned counsel for respondent No.1 invited the attention of the Court to the Act, 1981 and contends that the Act, 1981 was intended be in force for a temporary period of 15 years. He submits that after expiry of the said period in the year 1996, the provisions of the Act, 1955 stood revived. He therefore contends that as per Section 6C of the Act, 1955, an appeal is maintainable before the District Court. He thus submits that the appeal filed before the District Court is just and proper and does not warrant any interference. 6. I have considered the submissions of the learned High Court Government Pleader for the petitioner and the learned counsel for respondent No.1. 7. A perusal of the provisions of the Act, 1981 shows that the words "any judicial authority appointed by the State Government concerned and the judicial authority" found in - 5 - HC-KAR NC: 2026:KHC:30496 CRL.P No. 2405 of 2019 Section 6C of the Principal Act were substituted by the words "the State Government concerned and the State Government". The Act, 1981 was to remain in force for a period of 15 years. Consequently, after the year 1996, the provisions of the Principal Act stood revived. Therefore, an appeal against the order of confiscation passed by the Deputy Commissioner is maintainable before the District Court. Hence the contention of the learned High Court Government Pleader that the appeal is not maintainable is without any basis. 8. I have also perused the order passed by the District Court and I am satisfied that the District Court was just and proper in holding that the confiscation proceedings without initiating proceedings as required under the Act, 1955 was not just and proper and hence the District Court was right in setting aside the order of confiscation. 9. Consequently, there is no merit in this petition and the same stands dismissed. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 1