H.S.RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are directed against the order dated 01.08.2011 passed by the first respondent (Annexure-C), confirming the order passed by the second respondent Deputy Commissioner, dated 18.02.1997 vide Annexure-B, whereby the Deputy Commissioner has confiscated 83 bags of rice and lorry bearing registration No.CNT-8372.

(2.) The brief facts of the case are that first petitioner is the owner of 83 bags of rice and second petitioner is the owner of the lorry bearing registration No.CNT-8372. The first petitioner transported 83 bags of rice from API and CCS Rice Mill to Siddeshwara Rice Mill for polishing the rice. The third respondent seized the lorry along with 83 bags of rice on the ground that the first petitioner is transporting the rice without obtaining the Transport Certificate from the Tahsildar. After the rice bags have been seized, the respondents initiated the proceedings under section 6A of the Essential Commodities Act, 1955 ('Act' for short).

(3.) By an interim order dated 28.12.1991, on an indemnity bond of Rs. 33,950/- and a bank guarantee of Rs. 20,000/-, 83 rice bags were released to the first petitioner and on an indemnity bond of Rs. 1,50,000/- and a surety of Rs. 50,000/- the lorry bearing registration No. CNT-8372 was released to the second petitioner. A show-cause notice dated 08.01.1992 was issued to the petitioners calling upon them as to why the seized rice should not be confiscated in favour of the Government. In response to the said notice, the petitioners have submitted a common reply dated 20.10.1992. After hearing the parties, by order dated 18.02.1997 the Deputy Commissioner confiscated 83 bags of rice and also the lorry bearing registration No. CNT- 8372.