DAMODAR OIL MILL Vs. DISTRICT SUPPLY OFFICER JUNAGADH

JUDGEMENT

(1.) This petition has been filed for quashing the impugned judgment and order dated 18.6.87 passed by the Deputy Secretary (Appeals), Food and Civil Supplies Department, Government of Gujarat, Gandhinagar.

(2.) The petitioner is running a partnership firm in the name of Damodar Oil Mill at Dolatpura, Junagar. The Mamlatdar inspected the petitioner's premises on 27th July, 1986 at aboaut 10.00 p.m. The learned Assistant Government Pleader states that the time of inspection is 8.30 p.m. The Mamlatdar found that there was a total stock of 13037 kgs. of groundnut oil on the opening day, whereas on actual inspection, it was found that there were 3000 kgs. of groundnut and 16035 kgs. of groundnut oi. Thus, there was a deficit of 10036 kg s. in groundnut and 4445 kgs of groundnut oil was found in excess. On the basis of the seizure, the District Supply Officer, Jamnagar issued a show cause notice for breach of clause-23 of the Gujarat Essential Commodities (Licensing, Control and Stock Declaration) Order, 1981 by the petitioner and the petitioner was called upon to submit its explanation. The petitioner filed its reply to the District Supply Officer. The District Supply Officer, after considering the facts and circumstances of the reply of the petitioner, the District Supply Officer by his order dated 22nd September, 1986 passed the order confiscating commodity i.e. 3000 kgs. of groundnut and 574 kgs. of groundnut oil. The petitioner being aggrieved by the impugned order of the Collector, filed an appeal before Deputy Secretary (Appeals), Food and Civil Supplies Department, State of Gujarat, Gandhinagar, who, after giving an opportunity of hearing came to the conclusion that the confiscation of 574 kgs. of groundnut oil was not justified, hence that commodity was released, but the order of District Supply Officer regarding confiscation of 3000 kgs. of groundnut was maintained and accordingly, the appeal was partly allowed in respect of 573 kgs. of groundnut oil and the appeal was dismissed in respect of 3000 kgs. of groundnut. Therefore, the petitioner has filed this petition before this Court.

(3.) The learned counsel for the petitioner submitted that the oil mill was in operation at the relevant time of the inspection. According to the petitioner, it was 10.30 p.m., while according to the learned Assistant Government Pleader, it was 8.30 p.m. when the raid was carried out. When the machines of the oil mill were in operation, it was natural that row groundnut was being supplied to the machiners and after grinding them, oil was being extracted. Hence, it is but natural that the exact quantity of the row groundnut at the relevant time will be found less than the quantity shown in the stock register at the time of the opening day and the exact quantity of oil will be increased at the relevant time when inspection was made. The learned counsel for the petitioner pointed out from the provisions of clause-23 of the aforesaid Order that every dealer or producer is required to maintain a register of daily stock of essential articles showing correctly the opening stock for the day, the stock received during the day and the place from where and the source from which received and stock delivered or otherwise removed and closing stock of such essential article in which he carries on the business as dealer or producer. The dealer or producer is also required to complete as far as possible his accounts for the day immediately after closing his business for the day and the same will be completed before the opening of the premises the next day. In view of the provisions of clause 23 of the said Order, the petitioner is required to give complete details regarding the stock at the time when the day starts. According to the learned Assistant Government Pleader, the raid was carried out at 8.30 p.m. According to the learned counsel for the petitioner, at that time, the machiners of the mill were in operation and oil was being extracted from the row groundnuts. As such, it was but natural that the total stock shown in the morning when the day started cannot remain static throughout the day. When the machines were in operation extracting oil from row groundnuts, row groundnut will be found in less quantity and the oil will be found in more quantity at the time when inspection was made. As such, the order passed by the Deputy Secretary confiscating the articles is illegal and not sustainable in the eye of law.