COLLECTOR OF GANJAM Vs. RAMESH CHANDER PADHI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Orissa High Court setting aside part of the order imposing fine in lieu of confiscation and directing the Collector, Ganjam to pass orders under second proviso to Section 6A(1) of the Essential Commodities Act, 1955 (in short the "Act ). The writ petition was filed against the order dated 29.5.2006 of Collector, Ganjam in a proceeding under Section 6A of the Act.

(3.) Facts leading to initiation of the aforesaid case is that on 21.12.2004 while the Marketing Inspector, Jaganathprasad Block, while following the Sub-Collector, Bhanjanagar during tour to Jaganathprasad Block, found one bus bearing registration No. OIG-185 parked at the Bus Stand and kerosene oil was being poured in the oil tank of the bus. Looking at them, both the driver and the conductor of the vehicle fled away. He drained out the kerosene oil from the oil tank of the bus which contained 42 liters of kerosene, and prepared the sample list by taking 2 liters out of the seized kerosene oil for its chemical examination. The bus as well as kerosene were seized and a proceeding bearing EME No. 37 of 2004 was initiated against the respondent and another under Section 6A of the Act. The proceeding was initiated for contravention of Clause 8 of Orissa Kerosene Control Order, 1962 read with Clause 3 of Kerosene Control (Restriction on use and Fixation of Ceiling Price), 1993. In the said proceeding, the respondent who is the owner of the bus filed an application for release of the vehicle. While deciding the aforesaid application, the Collector concluded the proceeding under Section 6A of the Act and directed confiscation of the vehicle. However, the Collector in view of the provisions contained in Section 6A of the Act directed the respondent to pay a fine of Rs. 20,000/-.