PRADEEP DOMAJI BHANOSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN all these applications, the applicants have been prosecuted under sections 3 and 7 of the Essential Commodities Act, 1955 read with Clauses 12-B and 12-E of the Colliery Control Order, 1945. In all these cases, the police had seized trucks carrying steam coal. According to the learned Advocate for the applicants, the Colliery Control Order, 1945 was modified by the Central Act vide notification dated 24th July, 1967 published in Part II section sub-section (ii) of the gazette of the India Extra Ordinary dated the 24th July, 1967. The said notification reads as under :

(2.) ACCORDING to the learned Advocate for the applicants, the non cooking coals of all grades produced in all coal fields, cooking coals not required for metallurgical consumers and coals produced in Assam, does not now require any order of allotment or written authority provided such coal is consumed within India. Therefore, according to him, the seizure of steam coal meant for use in Factories etc. now does not fall within the restrictions contained in Clauses 12-B and 12-E of the Colliery Control Order, 1945. Therefore, according to him, the prosecution of the petitioners is required to be quashed. In support of his submission, he has placed reliance on the judgment of this Court in (Sanjay Kumar Agrawal and another v. State of Maharashtra and others) Criminal Application No. 9498/89 which was decided on 19-7-1989. According to the learned Advocate for the applicants, in that case in similar circumstances, an investigation was quashed and set aside as also the seizure of the Trucks. He, therefore, seeks quashing of the proceedings in all these applications.

(3.) THE State had filed return in Criminal Case No. 174/99 wherein it was stated that the coal is an essential commodity under section 2 (a) (ii) of the Essential Commodities Act, 1955. The Colliery Control Order, 1945 makes provision for regulating the production, supply and distribution of the coal. The said order postulates that coal shall be supplied by the Colliery owners to the persons engaged in the business of production supply and distribution of or trade or commerce in coal on the basis of the order of allotment issued by the coal controller. Then reference has been made to Clause 12-B of the said Control Order. It is further stated that the truck in question was seized carrying coal since there was no authorisation or any receipt authorising transport of the coal nor there was any transport permit. It was further contended in the return that the copy of the judgment upon which reliance has been placed, has not been enclosed. Learned A. P. P. urged before me that the Colliery Control Order, 1945 is saved under section 16 of the Essential Commodities Act, 1955 but was not able to get out of the notification dated 24th July, 1967. The learned A. P. P. did not dispute that the coal which was seized in question was non cooking coal.