DINESH GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) DR. B. S. Chauhan, J. This writ petition has been filed for seeking the following reliefs: " (i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 16- 10-2006 passed by District Magistrate, Deoria (Annexure 1 to this writ petition) so far as it related to the petitioner. (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to release the foodgrains measuring 344 quintal rice and 24. 50 quintal wheat seized by officials from the house of Ram Asre Gupta belonging to the petitioner, in favour of the petitioner. "

(2.) THE facts and circumstances giving rise to this case are that on 1-10-2006 an F. I. R. was lodged by the Supply Inspector, Tehsil Sadar Deoria against the petitioner and others under the provisions of 3/7 Essential Commodities Act, 1955 (hereinafter referred to as the Act) and recovered 418 quintals rice and 172. 50 quintals wheat alongwith some other articles, on the allegations that the said foodstuff belonged to the public distribution system and had been stored by the accused persons for the purpose of blackmarketting. On 16-10-2006 the District Magistrate, Deoria passed the order under Section 6-A (2) for releasing the said foodstuff for sale through public distribution system, and a further direction had been issued to deposit the sale considerations In the Treasury. Notice was also issued to the petitioner and other accused for confiscation. THE petitioner had filed the reply to the said show-cause, which is still pending consideration, and this petition has been filed for seeking the aforesaid reliefs.

(3.) THE scheme of the Act is when an order is passed and proceedings are initiated under Section 3 of the Act for confiscation, the District Collector has a power of seizure and disposal of the commodities in view of the provisions of Section 6-A. However, Section 6-C provides for an appeal to the State Government against the order of confiscation. Section 6-E bars the jurisdiction of the Court to interfere with the order passed by the District Collector.