MOHMEDMIYA MOHMED SADIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition challenges the vires of secs. 6A 6 6 of the Essential Commodities Act 1955 hereinafter referred to as the Act as it stood amended by the two amendments by Act 25 of 1966 and Act 36 of 1967. On March 6 1973 the Zonal Officer Shri Malek raided the residential premises of the petitioner and found that there was undeclared stock of 48 Quintal and 60 K. Gms. of wheat in breach of the relevant provision of the Gujarat Foodgrains (Declaration of Stock) Order 1972 The said stock was therefore seized and removed to the Government godown at Shahibaug. A complaint filed against the petitioner is pending before the City Magistrate. A show cause notice was issued to the petitioner by respondent No. 3 Collector on March 30 1973 to confiscate the seized stock. After considering the reply dated June 23 1973 submitted by the petitioner and as the petitioner did not remain present even when a notice for personal hearing was served on him the final order confiscating the excess stock of 38 Quintals 60 K. Gms. was passed on June 30 1973 In appeal that order was confirmed by the Additional Sessions Court on February 25 1974 against which a revision application No. 166 of 1974 is pending before this Court. Therefore the petitioner has meanwhile challenged the vires of these provisions as a person affected by this separate petition.

(2.) Mr. Mehta has raised the following three paints at the hearing:

(3.) On these grounds he has challenged the vires of these provisions under Articles 14 and 19 of the Constitution.