VIJAYALAKSHMI OIL COMPANY Vs. JOINT COLLECTOR

JUDGEMENT

(1.) The petitioner-firm owns an oil mill producing edible oils and it holds a retail and wholesale licence under the provisions of the Andhra Pradesh Scheduled Commodities Dealers (Licensing & Distribution) Order, 1982 for purchase, sale and storage of edible oils and oil-seeds. The business premises was inspected and searched by the 2nd respondent on 9-5-1995 and a panchanama was prepared wherein contravention of Clause 11 (iii) of the said Control Order and Clause 4 of the Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977 were alleged stating that the storage limits were exceeded. Contravention of conditions of licence under the first mentioned Control Order was also alleged. Inter alia, it is mentioned in the panchanama that there were stock variations leading to the inference of incorrect maintenance of accounts, non-furnishing of returns in Form-C to the District Supply Officer and non-mentioning of the addresses of the purchasers in the bills. On these allegations, 19 Quintals of groundnut seeds, 8 Qtls. of groundnut oil, 110 Qtls. of groundnut-cake and 41 Qtls. of sunflower seeds were seized. A report was filed before the Joint Collector, Khammam who is the competent authority under Section 6-A read with Sec. 6-B of the Essential Commodities Act. Admittedly, the Joint Collector is seized of the matter.

(2.) The present writ petition is filed questioning the seizure and to declare the same as illegal and arbitrary and to issue a consequential direction to release the stocks. It is the contention of the petitioner's Counsel that there is no prima facie case at all against the petitioner and that the petitioner has a valid explanation for the alleged irregularities. But as an enquiry under Sec. 6-A is pending, it is not proper for tills Court to go into the merits and decide whether the explanation is tenable or not. At the same time, J find force in the contention of the learned Counsel that sunflower seeds are not edibile oil seeds falling within the meaning of 'scheduled commodity' under the A.P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 or coming within the purview of Pulses, Edible Oil-seeds and Edible Oils (Storage Control) Order,

(3.) The Supreme Court in Girdharmalvs. Dev Raj had an occasion to consider whether 'cotton seed' can be regarded as edible oil seed within the definition of 'food stuff under the Essential Supplies (Temporary Powers) Act, 1946. The Supreme Court answered the question in the negative. It was observed: