RAMESHCHANDRA D PATEL Vs. COLLECTOR

JUDGEMENT

(1.) THIS writ petition has been filed seeking a declaration that section 3 (j) of the Essential Commodities Act is ultra vires Articles 14, and 19 (1) (g) of the Constitution and also for consequential reliefs.

(2.) THE grievance of the petitioner is that a truck having registration No. GRY-5643 was intercepted by the authorities concerned since it was carrying wheat without any documents in violation of the provisions of the Essential Commodities Act. By an interim order dated 27. 9. 91, the truck was released to the petitioner on the petitioner giving security amount of Rs. 1,50,000/ -. If any further proceedings are pending with the respondent, the same shall be proceeded with completed in accordance with law.

(3.) WE are not impressed by the contention of the learned counsel for the petitioner that the constitutional validity of section 3 (j) of the Act is ultra vires Articles 14 and 19 (1) (g) of the Constitution. Section 3 (j) enables the authorities concerned to inspect the premises, aircraft, vessels, or other conveyances, etc. if they have reason to believe that anybody is contravening the provisions of the said Act. We do not find as to how such statutory provisions are violative of Article 14 and 19 (1) (g) of the Constitution especially taking into consideration the objects and purposes of the Act. We find no merit in the challenge. The petition lacks merits and is hereby dismissed. Rule is discharged.