P VENKATESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) These revisions have been referred to us by a learned single Judge of this Court by his order dt. 23-4-2003 as he was not able to agree with the law laid down earlier by a learned single Judge of this Court in an unreported judgment in W.P.No. 11259 of 2000, dt. 2-8-2001.

(2.) The short question involved is whether a police officer can approach the Collector under Section 6-A of the Essential Commodities Act (for short "the B.C. Act"). One of the present cases pertains to the Fertilizer (Control) Order, 1985 promulgated in terms of Section 3 of the E.C. Act and another relates to Insecticides (Price, Stock, Display and Submission of Reports) Order, 1986. The case which was considered by the learned single Judge in W.P.No. 11259 of 2000 fell under Fertilizer (Control) Order and he felt that in terms of clause 27 of the Fertilizer (Control) Order there had been no notification conferring any powers on the police officers belonging to the vigilance cell, therefore the whole exercise was without jurisdiction. In the order of reference, however, the learned Single Judge has felt that under Section 10-A of the E.C. Act the offences are cognizable and non-bailable and under Section 10-AA of the E.C. Act an officer not below the rank of an officer who is in charge of police station has been authorized to arrest a person accused of committing offences under the E.C. Act. Therefore an officer, during inspection, if finds goods which are subject to seizure in terms of the E.C. Act, can always approach the Collector in terms of Section 6-A of the E.C. Act.

(3.) Before coming to the question, briefly the facts are stated. In one of the cases before us the learned Sessions Judge ordered confiscation of 30% of the seized stock in favour of the Government under Section 6-A of the E.G. Act. In the second case he ordered confiscation of 25% of the seized stock in favour of the Government under Section 6-A of the E.G. Act. In the first case proceedings under Section 6-A of the E.G. Act have been initiated before the Joint Collector, East Godavari District, Kakinada alleging violation of Clauses 3, 4 and 6 of the Insecticides (Price, Stock, Display and Submission of Reports) Order, 1986. The Inspector of Police, Vigilance Cell, Civil Supplies Department, Kakinada inspected the premises of the revision petitioners who were the fertilizers/insecticides dealers and in the course of the inspection he noticed variations in the stock and therefore initiated proceedings under Section 6-A of the E.C. Act. The Joint Collector issued a show cause notice. The revision petitioners submitted an explanation. The Joint Collector, not being satisfied with the explanation, ordered confiscation of 30% of the seized stock or its equivalent value in favour of the Government. In the second case the Inspector of Police, Vigilance Cell, Civil Supplies, Kakinada inspected the premises of the revision petitioner who was a dealer in fertilizer/cement and on physical verification he found variations in the stocks and irregularities in the maintenance of the records. The Joint Collector issued a show cause. The revision petitioner-dealer responded to the show cause notice and the Joint Collector passed an order confiscating 25% of the seized stocks. Appeals were taken before the learned Sessions Judge who dismissed the appeals, however, he reduced the quantities that were to be confiscated. The revisions have been filed against those orders of the learned Sessions Judge.