State Of U.P. Thru. Prin. Secy. Home, Lko. vs. M/S Khetan Chemicals Fertilizers LTD. Jhansi Thru. Authorized Officer, Shri Mukesh Kumar
Held
The Court held that the revision filed by the State was not maintainable. The reasoning was based on Section 397(2) of the Code of Criminal Procedure, 1973, which prohibits the exercise of revisional powers in relation to any interlocutory order. The Court found that the order of the Additional District Magistrate declining to release the seized goods, and the appellate order reversing this decision, were purely interlocutory in nature. These orders did not affect the merits of the case itself, but rather dealt with the interim custody or release of seized property. Therefore, the revision against such an order was barred. The ratio decidendi is that orders concerning the seizure or release of goods under Section 6-A of the Essential Commodities Act, or appellate orders thereon, are interlocutory and not subject to revision under Section 397(2) Cr.P.C. The revision was dismissed.
Facts
The State of U.P. filed a criminal revision against an order passed by the Additional Sessions Judge, Lakhimpur Kheri. This appellate order had allowed the release of a truck and fertilizer belonging to M/s Khetan Chemicals Fertilizers Ltd. (the respondent). The goods were seized during a surprise inspection of M/s Govind Industries, where fake fertilizers, packing material, and illegal storage were found. The Additional District Magistrate had initially ordered the confiscation of the seized fertilizer due to its perishable nature and refused the release of the truck and its contents. The respondent filed two appeals, one against the seizure of goods and another against the seizure of the truck, both of which were allowed by the Additional Sessions Judge, directing the release of the truck and goods.
Key Issues
1. Whether the revision filed by the State against an appellate order directing the release of seized goods under Section 6-A of the Essential Commodities Act, 1955, is maintainable in light of Section 397(2) of the Code of Criminal Procedure, 1973? The petitioner (State of U.P.) argued that the revision was maintainable. The respondent (M/s Khetan Chemicals Fertilizers Ltd.) contended that the revision was not maintainable. The Court had to decide whether the order of seizure and subsequent release of goods, or the appellate order reversing the seizure, constituted an interlocutory order, thereby barring revision under Section 397(2) Cr.P.C.
Sections Cited
Section 397, Section 397(1), Section 397(2), Section 6-A
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2024:AHC-LKO:939 A.F.R. Court No. - 27 Case :- CRIMINAL REVISION No. - 467 of 2023 Revisionist :- State Of U.P. Thru. Prin. Secy. Home, Lko. Opposite Party :- M/S Khetan Chemicals Fertilizers Ltd. Jhansi Thru. Authorized Officer, Shri Mukesh Kumar Counsel for Revisionist :- G.A.,Ram Asarey Verma Hon'ble Subhash Vidyarthi,J.
Heard Sri Ajay Kumar Srivastava, the learned Additional Government Advocate appearing on behalf of the State of U.P. and Sri Ram Asarey Verma, the learned counsel for the respondent.
Sri Arvind Kumar Chaudhary, the District Agriculture Officer, Lakhimpur Kheri is also present in compliance of the order dated 22.12.2023, passed by this court.
The instant revision has been filed by the State under Section 397 (1), 401 of Cr.P.C. assailing the validity of the order dated 03.04.2023, passed by learned Additional Sessions Judge/Court No.4/Special Judge, E.C. Act, Lakhimpur Kheri in Criminal Appeal No.21 of 2023. 4. The aforesaid appeal was filed against an order dated 06.03.2023, passed by learned Additional District Magistrate, Finance and Revenue, Lakhimpur Kheri in Case No.132 of 2023, under Section 6-A of U.P. Essential Commodi
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