Court No. - 28 Case :- MISC. SINGLE No. - 4496 of 2009 Petitioner :- Vijay Kumar Respondent :- State Of U.P.Through The Secy. Food And Civil Supply Lko. Petitioner Counsel :- R.N.S.Chauhan Respondent Counsel :- C.S.C. Hon'ble Prakash Chandra Verma,J.
The petitioner has challenged the order dated 1.4.2009 passed by the
Collector, Unnao in Case No. 35 of 2008 under section 6A of Essential
Commodities Act, whereby the petitiner’s vehcile No. 78/AT-0680 Tata 407
has been confiscated in favour of the State as well as the same was directed to
put in for auction.
Learned counsel for the petitioner vehemently prayed that the the vehicle in
question be released in his favour till the disposal of the trial in the aforesaid
case as the condition of the vehicle is deteriorating day by day.
Considering the facts and circumstances of the case and in the interest of
justice, I am of the view that since the trial is going on and no useful purpose
will be served by keeping the vehicle in question in custody, as this Court
earlier vide order dated 20.8.2009 has stayed the auction of the vehicle,
therefore it is directed that vehicle in question shall be released in favour of
the petitioner forthwith subject to the condition that petitioner shall not either
sell or transfer the vehicle in question to any other person. It is further
directed that the trial court shall conclude the trial expeditiously after
affording opportunity of hearing to the petitioner within a period of four
months from the date of production of a certified copy of this order in
accordance with law.
With the aforesaid directions the writ petition is disposed of finally.
Order Date :- 8.7.2010
ssm