PRAKASH CHANDRA PANDEY Vs. DISTRICT MAGISTRATE MAINPURI

JUDGEMENT

(1.) R. A. Sharma, J. Petitioner holds a licence under the U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 (thereinafter referred to as the Control Order ). On 5-7-1987 petitioner's business premises were searched and about 580 Ltrs. diesel was found in excess of the stock entries. First Information Report about it has been lodged on 7-7-1987 and a crime case No. 122 of 1987 has been registered at the police station. The petitioner has filed a writ petition before this Court against the first information report, which is pending. Petitioner has also moved an application under Section 6- A of the Essential Commodities Act before the Additional District Magistrate for release of the seized diesel oil and this application of the petitioner has not yet been decided and is pending.

(2.) ON the basis of the aforesaid first information report the diesel licence of the petitioner has been suspended by the District Supply Officer, Mainpuri vide order dated 9-11-1987, which has been served on the petitioner on 29-8-1989 By means of this writ petition, the petitioner has challenged the aforesaid order of suspension. With the consent of the learned Counsel for the parties, we propose to dispose of the writ petition finally.

(3.) UNDER the aforesaid clause a licence can be suspended only in the following two circumstances: (i) Suspension for contravening any provisions of the Control Order or condition of the licence or any direction issued there under-this is a final order, which is to be passed only after giving a reasonable opportunity of being heard. In case, for any contravention, the licensee has been convicted, then his licence can be suspended or cancelled without giving any opportunity of being heard in respect of the alleged contravention, (ii) Interim suspension pending inquiry-this interim suspension can be passed only when inquiry against the licensee for contravening of the provisions of the Control Order, condition of the licence or the direction has been initiated and pending. However, the interim suspension pending inquiry cannot extend beyond a period of three weeks.