SIDDESWARA TRADING CO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The question of law raised in these petitions is common and, therefore, it would be convenient to, dispose them of by this common order.

(2.) The facts in all these petitions are similar. For appreciating the contentions urged, it may be sufficient if I set out the facts in WP.1984/73. The petitioner therein, is a licensed dealer in foodgrains. Some of his foodgrains when transported in a truck, were seized by the Sub-Inspector of Police, who later brought to the notice of the Dy. Commr. of the Dist Tha Dv. Commr. intitiated proceedings to confiscate the foodgrains under S.6A, Essential Commodities Act. Notices to show cause against the proposed action were issued to the driver and cleaner of the truck. They have submitted their reply and the matter is still pending before the Dy .Commr.

(3.) In 'the meantime, the Sub-Inspector of Police made a report to the Dy Commr. stating that the seized foograins for want of storage facilities were likely to deteriorate and, therefore, they should be disposed of immediately. While accepting that report, the Dy. Commr. passed an order which is impugned in the writ petition. For immediate reference, the said order is set out herein below ;