S. GOPALAKRISHNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 7 June 2013 on the file of District Collector, Puducherry, whereby and whereunder, High Speed Diesel illegally transferred from the carrier was confiscated. The facts:

(2.) THE petitioner is running a retail outlet at Kannikoil, Puducherry. The petitioner used to transport petroleum products in his tanker lorry bearing Registration No.TN-31-AF-6670. While so, on 26 April 2013, the tanker lorry loaded 20,000 litres of diesel and it was transported from Korukkupet terminal of Indian Oil Corporation to his outlet at Puducherry. Since the employees were not available for unloading, the tanker lorry was parked at Thavalakuppam. The Sub Inspector of Police, Nattapakkam seized the tanker lorry alleging that the petitioner was in the process of unloading the product to another lorry for the purpose of transportation and sale to the nearby State of Tamil Nadu. The vehicle was produced before the respondent resulting in initiating proceedings under the Essential Commodities Act. The petitioner filed a writ petition before this Court and pursuant to the said order, the Tanker lorry was released. The petitioner wanted early disposal of confiscation proceedings. Accordingly, the respondent issued notice to the petitioner and thereafter passed final orders confiscating the petroleum products. The said order is challenged in this writ petition. Submissions:

(3.) THE learned Senior Government Pleader submitted that the petitioner made an attempt to transfer the product from one tanker lorry to another with a view to sell it in the neighbouring state of Tamil Nadu for higher price. According to the learned Government Pleader the police found the illegal act of unloading the product from the authorised carrier to another carrier and the same would amount to black marketing. The learned Government Pleader submitted that the respondent was fully justified in passing the impugned order. Analysis: