S R BALASUBRAMANIAN Vs. DISTRICT COLLECTORPALGHAT

JUDGEMENT

(1.) The question of law that falls for decision in this writ petition, referred to the Division Bench by our learned brother Justice Paripoornan, relates to the true construction to be given to Section 6-A (2) of the Essential Commodities Act, 1955, (Central Act 10/55), for short the Act.

(2.) The facts material for our present purpose are not much in dispute. On 7-91983 the 2nd respondent, the Taluk Supply Officer (Special Squad), Ottapalam, having seized from the petitioner 50.75.000 quintals of raw rice and 30 quintals of boiled rice under a mahazar, the said rice having been found stocked in a mill premises in contravention of the Kerala Food Grains Dealers Licensing Order (the Food Grains Order), a notice dated 9-9-1983, a true copy of which is Ext. P2, was issued to the petitioner by the 1st respondent, the District Collector, Palghat, stating inter alia -

(3.) Section 6-A of the Act deals with confiscation of foodgrains, edible oilseeds and edible oils; and Sub-section (2) thereof reads:-"( 2). Where the Collector, on receiving a report of seizure or an inspection of any essential commodity under Sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may;--