DURGA BHAVANI TRADING CO Vs. JOINT COLLECTOR MEDAK

JUDGEMENT

(1.) The large number of writ petitions which are coming up before this court soon after the seizure of food grains (for an alleged violation of one or the other control orders) has made me pause and think of an appropriate method to be evolved in this behalf. What has been happening, is that the moment the food-grains/lorry is seized, the party approches this court directly with the oft-repeated apprehension that the Joint Collector is about to dispose of the goods by way of interim disposal pending proceedings under section 6-A of the ESSENTIAL COMMODITIES ACT, 1955. The Common complaint is that the authorities are neither applying their mind to the relevant facts, muchless are they hearing the parties, with the result many an arbitrary seizure is passing muster. It is pointed out that in cases where it is ultimately found that the dealer/owner is not guilty of any violation or where the confiscation of only a portion of the seized food-grains is ordered the dealer owner would have suffered loss in any event, because the price at which the Joint Collector disposes of the food-grains and the price at which the dealer owner is entitled to sell the same, whether it is within the State or outside the State, is very much different. Invariably the price at which the goods are disposed of by the Joint Collector is very much low.

(2.) Section 6-A of the ESSENTIAL COMMODITIES ACT, 1955 provides that where any essential commodity is seized in pursuance of an order made under section 3, in relation thereto, a report of such seizure shall, without any unreasonable delay, be made to the Collector of the District or Presidency Town in which such essential commodity is seized and on enquiry the Collector can order confiscation of the seized goods including the vehicle used for carrying such goods. Sub-section 2 of section 6-A which is relevant for the present purpose, reads as under :

(3.) This sub section confers a discretion upon the Collector to se)' the seized goods at the controlled price or the appropriate price as the case may be in case (1) the seized commodity is subject to speedy and natural decay or (2) it is otherwise expedient in the public interest so to do. The proviso to sub-section 2 says that where the seized essential commodity is a commodity whose retail sale price has been fixed by Central or State Government under the Act or any order made thereunder, the Collector may, for its equitable distribution and availability at fair price order the same to be sold through fair-price shops at the price so fixed.