RUDOLPH FERNANDES Vs. DEPUTY COMMISSIONER DK

JUDGEMENT

(1.) The point that requires consideration is the scope and ambit of restriction that can be imposed for an interim custody/release of a vehicle used in carrying essential commedities pending enquiry for contravening the provisions of orders issued under S. 3 of the Essential Commodities Act (hereinafter referred to as the 'act'). It arises thus :-

(2.) Tempo (Matador mini lorry) bearing No. MNX 5532 carrying 44 bags of cement branded as 'imported cement' was intercepted and seized on the night of 22nd August, 1983 by Bajpe Police, Dakshina Kannada for alleged contravention of an order issued under S. 3 of the Act. Contention of the petitioner is that the lorry was hired for transportation of cement and bona fide believed the transportation is under a valid permit. The validity of the interim order made on 1-9-1983 by the Deputy Commissioner, Dakshina Kannada ordering release of the lorry pending enquiry as against bank guarantee of Rs.1,00,000/- is challenged on the ground that the imposition of such condition is illegal and onerous, while Government Advocate justifies on the ground that it is in consonance with the provisions of the Act.

(3.) On production of commodity and the vehicle in which it was being transported, the Deputy Commissioner after issuing show cause notice to persons interested is required to hold an enquiry as provided under S. 6B of the Act. S. 6A provides for confiscation of essential commodity, package, covering, animal, vehicle or other conveyance used in carrying such essential commodity. On enquiry if it is established that the transportation is in contravention of any of orders issued under S. 3 of the Act, Deputy Commissioner may order confiscation of either whole of part of the commodity depending upon the facts and circumstances of each case including the vehicle.