STATE OF BIHAR Vs. HARIHARPRASADDEBUKA

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THESE appeals by special leave are from a full bench judgment of the Patna High court in two Writ Petition under Articles 226 and 227 of the Constitution of India allowing the petitions and quashing the Bihar governmentS Notification No. S. 0. 1432 dated 28/12/1985 as violative of Articles 301 and 304 of the Constitution of India.

(3.) THE respondent as proprietor of M/s Jai Durga Industries of Jamshedpur town, which was registered under the Bihar Sales Tax Act and the central Sales Tax Act, purchased 165 bags of mustard (sarso) from M/s Kanpur Chand Girish Chand Jain at Dhaulpur, in the State of Rajasthan, and was transporting the same therefrom to Jamshedpur in the State of Bihar in Truck No. RSG 533. On 13/02/1986, the officers of the Investigation Bureau Jamshedpur Division, inspected the said truck and all necessary papers including a road permit in Form XXVIII-B for the 165 bags of mustard (sarso) were produced at the time of inspection. In the road permit the bill number had not been mentioned in column 9 in Form XXVIII-B. On that ground the Inspecting Officers seized the goods loaded in the afore aid truck and detained it at Mango Mufassil Police Station at Jamshedpur. A notice was issued to the petitioner to show cause as to why penalty should not be imposed under S. 31(3 of the Act. He was directed to appear before the Inspecting Officer on 14/02/1986. THE petitioner being a member of the Singhbhum Chamber of Commerce and Industry, moved the said organisation to agitate the matter before the authority and on a representation by the said <PG>197</PG> Chamber the truck with the goods therein were released on 15/02/1986. In reply to the show cause notice the appellant took the stand that no permit in the required Form was necessary and in any case it was violative of the petitioners constitutional right of freedom of interstate tide and commerce. THE contention was rejected and a penalty of Rs. 8,330.00 was imposed by order dated 29/05/1986 ; and thereafter the consequential demand notice No. 986 dated 2/06/1986 was issued. Aggrieved, the appellant filed a writ petition in the Patna High court under Articles 226 and 227 of the Constitution of India challenging, inter alia, the Notification No. S. 0. 1432 dated 28/12/1985 as ultra vires the Articles 301 and 304 of the Constitution of India, and also the order imposing penalty and the consequential demand notice.