Govt. of A.P. v. V. Ranga Rao, (SC) BS119578

Govt. of A.P. v. V. Ranga Rao, (SC) BS119578 SUPREME COURT OF INDIA

Before:- Ashok Bhan and A.K. Mathur, JJ.

Civil Appeals Nos. 4784-85 of 1999 with Nos. 4786 to 4789 of 1999. D/d. 9.2.2005.

Govt. of A.P. and others - Appellants

Versus

V. Ranga Rao and another - Respondents

NOTE

Essential Commodities Act - If the commodity is not confiscated, the vehicle cannot be confiscated.

Essential Commodities Act, 1955, Sections 6A and 3 - A vehicle containing essential commodity cannot be confiscated under Section 6A if there is no violation of Section 3 - Under Section 6A, first target is confiscation of the essential commodity - If the commodity is not liable to be confiscated, question of confiscation of vehicle or container cannot arise.

[Para 3]

ORDER

The respondents were the writ petitioners before the High Court raising a common point as to the liability of transport contractor or a carrier in the event of confiscation of the vehicles for violation of the A.P. Petroleum Products Order, 1980. The writ petitions were accepted by the High Court, aggrieved against which the appellants are before us by grant of special leave.

2. Heard the counsel for the appellant State of A.P.

3. In our opinion, the view taken by the High Court that in the absence of violation of Section 3 of the Essential Commodities Act, 1955 (for short "the Act"), question of application of Section 6A did not arise, is correct. Under Section 6A first target is the confiscation of the commodity. If the commodity, as in the present case, is not liable to be confiscated, the question of confiscation of vehicles or container did not arise. The order of the High Court does not call for any interference.

4. The appeals are dismissed accordingly.

Appeals dismissed.