RAGHUNATH PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On October 6, 1980, a raid was made at the shop of the applicant Raghunath Prasad at C-33/265, Chhittupura, Varanasi, in the presence of the applicant and other witnesses where seven tonnes of soft coal was found. The applicant neither furnished any account books nor the licence. On enquiry, the applicant told the raiding party that he had purchased 13 tonnes of coal from Lala Coal Depot, Chandimsi, out of which a portion had been sold.

(2.) The Additional Collector, who was also Additional District Magistrate (Civil Supplies), issued a notice on the request of the District Supply Officer under Section 6. B of the Essential Commodities Act (hereinafter referred to as the act) calling upon the applicant Raghunath Prasad to explain as to why was coal found at his shop on 6.10.1980 not likely to be confiscated. The notice was received by the applicant on 16. 10.1980.

(3.) The applicant submitted a reply stating that the coal did not belong exciushely to him but, also to Sukhu Prasad, Badri Prasad, Muttur Prasad and Shanker Prasad, who were his relations. The applicant stated that the aforesaid four persons had no separate land to stock coal and, therefore, the same had been kept at his shop. The applicant asserted that the total quantity of coal found at his shop was 5 tonnes and not 7 tonnes. The applicant denied that he had committed breach of any order and, as such, he alleged that the coal seized was not liable to be confiscated under section 6A of the Act. 3