A KUTHALINGA MUDALIAR Vs. DISTRICT SUPPLY OFFICER TIRUNELVELI

JUDGEMENT

(1.) THE facts leading to the filing of this writ appeal are as follows - THE appellant is a Rice Mill owner. On the ground that there were certain irregularities in the maintenance of accounts, action was taken against the appellant under the Tamil Nadu Paddy and Rice (Regulation of Trade) Order, 1974. On 16-2-1977, the Inspector of Police, Food Cell, seized 11 bags of soaked paddy, 4 bags of raw paddy and 80 kgs. of boiled rice from the appellant's mill as unaccounted stock found on that date. One Sudalaiandi claiming to be the owner of all these seized stock filed a petition stating that on 16-2-1977, he entrusted 15 bags of raw paddy for hulling and left the stock at the Mill, that he went to the Mill on 18-2-1977, for collecting the rice and at that stage he came to know of the seizure of the above stock by the Inspector of Police, Food Cell and he prayed for the return of the seized stock. Both the miller and the claimant were served with notices and after hearing them, the District Revenue Officer, Tirunelveli in his proceedings dated 5-4-1977 held that the miller, the appellant herein, has contravened clause 8 of the Tamil Nadu Paddy and Rice (Regulation of Trade) Order, 1974, and it is punishable under S. 7 of the Essential Commodities Act, 1955. He also held that the delinquent was liable for prosecution under that provision for contravention. However, taking a lenient view, he ordered the confiscation of the goods seized on 16-2-1977. He also instructed the Inspector of Police, Food Cell, Shencottai, to drop further proceedings initiated for prosecution for contravention of the provisions of the Tamil Nadu Paddy and Rice (Regulation of Trade) Order, 1974, and the provisions of the Essential Commodities Act, 1955. As against this order, an appeal was filed before the District Court. Tirunelveli in C.A. 176 of 1977. When that appeal was pending, the District Supply Officer Tirunelveli, took proceedings under the Rice Milling Industry (Regulation) Act, 1958 and framed the following charges -