Mohan Singh Vs. State of Rajasthan

rajasthan rice (export control) order, 1961 and rajasthan food grains (restrictions on order movement) order, 1959 and essential commodities act, 1955 sections 64 & 6b - truck confiscated without notice and without opportunity of being heard--held provisions of section 6b are mandatory and confiscation of truck was illegal--sessions judge committed no error in sending back case for compliance of section 6b.;the provisions of section 6b of the act are mandatory in nature and the confiscation of the truck can only be made after complying with these provisions. the collector and district magistrate, jalore, confiscated the truck illegally without giving the owner of the truck a notice in writing informing him of the grounds on which it was proposed to be confiscated and without giving him an opportunity of being heard and of making a representation in writing against the grounds of confiscation. the sessions judge, jalore, therefore, committed no error in sending the case back to the collector and district magistrate, jalore, for complying with the provisions of section 6b of the act before passing any order under section 6a thereof.;revision dismissed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen..........the order of the sessions judge, jalore, dated 17th much, 1978. whereby the order passed by the collector and district magistrate, jalore, dated 27th may, 1977, under section 6a of the essential commodities act, 1955, hereinafter referred to of the act, misacting the truck alleged to have been carrying essential community, i.e.., rice, was set aside the case se. it back to the collector and district, magistrate jalore for fresh decision according to law after complying with the provisions of section 5 of the said act.2. the only contention raised before me by the earned counsel for the petitioner is that there has been no contravention of the rajasihan rice (export control) order, 1977 and the rajasthan food grains (restrictions on border movement) order, 1959, and so the collector and district magistrate is not authorized to order the confiscation of the truck canning rice at the time of its seizure by the enforcement officer on 12th may, 1977.4. it was further contended by the earned counsel for the petitioner that the two orders mentioned above have been subsequently repealed by the central government on 20th september 1977 and as they were temporally enactments, so it proceeding for confiscation of the truck in question could continue after their repeal.5. i have considered the above contentions. it may be observed at the outset that the the provisos of section 6b of the act are mandatory in nature and the confiscation of the truck can only be made after complying with these provisions the collector and district magistrate. jalore, confiscated the truck illegally without going the owner of the truck a notice in writing informing him of the grounds on which it was proposed to be confiscate and without giving him an opportunity of being heard and of making a representation in writing against the grounds of confiscation. the sessions judge, jalore therefore committed no euros in sending the case back to the collector and district magistrate. jalore, for complying.....