Whether Magistrate has jurisdiction to grant custody of vehicle seized for commission of offence u/S 3/7 of the EC Act, 1955?

The aforesaid analysis of statutory provisions and the principles of
law laid down by their Lordships of the Supreme Court in the above
referred cases (supra) would show that whenever any essential
commodity is seized, under an order made in exercise of power conferred
by Section 3 of EC Act, in relation thereto no court, tribunal or authority
shall have jurisdiction to make any order with regard to possession,
delivery, disposal, release or distinction of such essential commodity save
and except the Collector pending confiscation under Section 6A of the EC
Act, 1955, therefore, in the matter of making orders with regard to
disposal of seized vehicle in pursuance to order made under Section 3 of
the Act, only the Collector or judicial authority, as the case may be, shall
have any jurisdiction to make orders with regard to the disposal of that
vehicle/essential commodity seized in pursuance of order made under
Section 6E of the EC Act, 1955 and jurisdiction of Magistrate to grant
custody under Section 457 is expressly barred.

HIGH COURT OF CHHATTISGARH

Single Bench: Hon’ble Shri Justice Sanjay K. Agrawal

Cr.M.P. NO . 1068 of 2014
PETITIONER Vishnu Prasad Vaishnav
Versus
RESPONDENT State of Chhattisgarh

(Passed on 17. 12.2014)
Citation;2015 CRLJ 961 Chhatis

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