K UPENDRA NAIK Vs. DEPUTY COMMISSIONER SHIMOGA

JUDGEMENT

(1.) CONFISCATION proceedings initiated as far back as in 1983 in respect of 135 bags of boiled rice seized by the authorities while in transit have been questioned in this writ petition. The petitioner has also prayed for a mandamus directing the respondent to refund the amount equivalent to the value of the seized rice but, subsequently sold in public auction under the orders issued by the respondent. A few facts in the background may at this stage be set out.

(2.) THE petitioner is a dealer in food-grains and holds a whole sale dealer's licence under the Essential Commodities Act, 1955. He claims to have entrusted 135 bags of boiled rice for transport from Mysore to the State of Kerala. This consignment of rice was out of the levy free stocks permitted to be transported in terms of a release certificate issued under the provisions of the Karnataka Rice Procurement (Levy) Order, 1981.

(3.) WHILE the lorry carrying the rice stocks was on its way to Kerala, the same was intercepted and seized by the Police sub-Inspector of Saragur Police Station resulting in filing of a charge-sheet against the driver and the cleaner of the vehicle in c. C. No. 17 of 1983.