KANTILAL JAIRAMDAS THAKKAR Vs. COLLECTOR BANASKANTHA

JUDGEMENT

(1.) Only contention raised by the learned counsel for the petitioner in this special civil application is that from 31st August, 1997, no extension is given to the provisions of section 6 (c) for appeals and now the jurisdiction to hear and decide the appeals against the orders passed under section 6(A) of the Essential Commodities Act, 1955 does not rest with the State Government and as such the order of the State Government dated 25th November, 1977 passed on the appeal of the petitioner is without jurisdiction and inoperative.

(2.) On the other hand, the counsel for the State contended that even after 31st August, 1997 the State Government has jurisdiction to hear the appeals which were filed before it earlier to the said date. In this respect, reliance has been placed by the learned counsel for the State on the letter of the Government of India, Ministry of Food & Consumer Affairs (Department of Consumer Affairs), Shastri Bhavan, New Delhi dated 17th December, 1997.

(3.) To appreciate the rival contentions raised by the learned counsel for the parties and to decide this matter, the facts of the case as stated by the petitioner in the special civil application are to be taken briefly. The petitioner is running an Oil industry in the name and style of "Krishna Oil Industries" at Banaskantha District. On 1-7-1994, the Civil Supplies Officer examined the petitioner's oil industry and on examination of the book of accounts and the stock on hand, certain irregularities were found and "Raida" and "Raida" Oil worth Rs.58600.00 of the petitioner was seized. On application of the petitioner the said goods were ordered to be released by the Collector on security of the bank guarantee of the amount of Rs.58600.00. The Collector issued show cause notice dated 25th July, 1994 to the petitioner as to show cause why the goods seized from the petitioner's industry may not be confiscated to the State. The petitioner replied to the show cause notice on 1-8-1994. Under the order dated 7th November, 1994, the Collector, Banaskantha ordered for confiscation of "Raida weighing Quintal 47 - 60 kgs. worth Rs.47600/and Raida Oil Q. 4 -20 kgs. worth Rs.11200.00 total goods worth Rs.58800.00 (from the facts stated in the special civil application there appears to be some mistake in the figures of the cost of Raida and Raida oil given by the petitioner but that is not material for the purpose of deciding this special civil application). Against the order of the Collector, dated 7-11-1994, the petitioner preferred an appeal before the State Government which was dismissed on 31-5-1996. That order has been challenged by the petitioner before this Court by filing special civil application No.4444/96. That special civil application came to be decided on 23-7-1997 and this Court has been pleased to remand the matter back directing that the confiscation of whole of the stock of Rs.58800.00 was harsh and to reconsider the same. On remand, the Dy. Secretary, Civil Supplies Department, under its order dated 25th November, 1997 reduced the confiscation amount to Rs.40000.00. Hence, this special civil application before this Court.