Essential Commodities Act, 1955 Section 6E: Bar of jurisdiction in certain cases
Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6A, the Collector, or, as the case may be, the (State Government) Judicial Authority concerned under section 6C shall have, and, not withstanding to the contrary contained in any other law for the time bring in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vessel or other conveyance.
Mehboobbhai Uamanbhai Sumra
State of Gujarat
Para 13. On thus hearing both the sides, this Court notices, both the Courts below have denied the custody of vehicle to the petitioner relying on the judgment of this Court in Pareshkumar Jaykarbhai Brahmbhatt (supra), which is presently pending before the Apex Court for consideration. What was considered by the Court was whether, the trial Courts have powers of interim release of vehicles under Section 98 (2) of the Prohibition Act, where, the quantity of liquor seized was more than 10 liters and the same has been answered in negation. After examining, in detail, the scheme of the Act, this Court (Coram: J.B.Pardiwala, J.) held and observed thus:
This has been followed by the trail Court and the revisional Court, resulting into their not exercising the powers under Section 98(2) of the Prohibition Act for releasing by way of interim way the articles and vehicle in question seized during the course of investigation.
Without determining the issue raised by the petitioner, reference to sections 98 and 99 and other provisions of the Gujarat Prohibition Act and reserving that to be determined in future in an appropriate proceedings since the seizure of car and determination of issue raised of the powers of the trial Court being a contentious issue, this Court chooses not to enter into that arena in the present matter and instead exercise the powers under Article 226 and 227 of the Constitution.
The currency notes seized by the police may be released to the person who, in the opinion of the Court, is lawfully entitled to claim after preparing detailed panchanama of currency notes with their numbers or denomination; taking photographs of the currency notes; and taking a security bond.