S R ANJAN SETTY Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The gravaman of petitioner is that non-issue of a show cause notice as per Section 6(B) of the Essential Commodities Act (hereinafter referred to as the 'Act') vitiates the impugned order of confiscation (Annexure-B) and of the appellate order, dated 22-1-1987 (Annexure-A).

(2.) Tahsildar, Hiriyur, reported to Deputy Commissioner, Chitradurga, on 17-5-1985 the illegal hoarding of 80 bags ground-nut seeds each weighing 85 Kgs. and 20 bags of ground-nut each weighing 35 Kgs, by the petitioner, without possessing necessary licence under the Karnataka Edible Oil Seeds Licensing order, 1977 and produced the seized commodity. Deputy Commissioner made an interim order for disposal of the seized commodity, through public auction.

(3.) Petitioner having come to know of the order, offered his explanation on 7th June, 1981. The explanation was that he commenced the business in anticipation of the grant of licence as he had already made necessary application to the concerned authority for grant of licence and accordingly purchased the seized commodity from M/s. Bhargali & Co., and M/s. Ananthaiah. He pleaded that consideration was paid only after grant of licence on 27-5-1985 and stocks were taken to register subsequently though purchase was earlier and under those circumstances committed no offence warranting confiscation and matter be viewed leniently.