TATA CHEMICALS LTD. Vs. COLLECTOR

JUDGEMENT

(1.) Rule. Heard finally with the consent of the contesting parties. Considering the nature of controversy, service of notice of hearing on respondent No.5 is dispensed with.

(2.) By this Writ Petition under Article 226 of the Constitution of India the petitioner challenges the order dated 22.3.2013 passed by the Collector, Raigad in proceedings under Section 6A of the Essential Commodities Act, 1955 (for short, "the said Act") and under Clause 28(3) of the Fertilizer (Control) Order, 1985 (for short, "the Control Order"). As the aforesaid order passed by the Collector is an appealable order, in the alternate, the petitioner has prayed that the Appellate Authority be directed to accept the appeal that was sought to be preferred by the petitioner under Section 6C of the said Act.

(3.) The facts giving rise to the present proceedings are that : The petitioner Company, which carries on the business of manufacture and sale of chemicals and fertilizers, imported from Saudi Arabia 1000 MT of Bentonite Sulphur, a "fertilizer" as defined under the Control Order . Out of 1000 MT fertilizer, about 400 MT fertilizer was disposed of by the petitioner before passing of any order of seizure. According to the petitioner, the sample of the aforesaid fertilizer was duly analyzed by the Regional Fertilizer Control Laboratory and was found to be of "standard" certification.