RAJAGOPALASWAMY Vs. GOVT OF KERALA

JUDGEMENT

(1.) Appellant stocked some bags of cement in his shop room which were seized by an official on 4-2-1989 alleging that such socking of cement was in contravention of the provisions of (he Kerala Cement Distribution (Licensing and Regulation) Order, 1974 (for short 'the Cement Order'). The matter was reported to the District Collector and he initiated confiscation proceedings. By Ext. P3 order the District Collector confiscated the entire stock of cement seized from the shop as per S.6A of the Essential Commodities Act (for short 'the E.C. Act) read with the provisions of the Cement Order. Appellant preferred an appeal before the Government under S.6-C of the E.C. Act, but the Government dismissed the appeal as per Ext. P5 order. Appellant challenged Exts.P3 and P5 orders in the Original Petition filed under Art.226 of the Constitution. Learned Single Judge dismissed the Original Petition and hence this appeal.

(2.) In Ext. P1 notice issued to the appellant he was asked to show cause why the cement seized from his shop room should not be confiscated. In the reply (Ext. P2) appellant has said that he purchased the cement for construction of a building and it was for that purpose he kept the bags in his shop building. The confiscating authority found that storage of the cement in the shop room could only have been for sale.

(3.) Learned single Judge found that appellant has failed to show that the storage of cement was for his personal use. Learned single Judge relied on a report which the Sub Collector has forwarded stating that the stock was meant for sale.