RAJENDRA MAHAJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The prayer in the petition is for quashing of the order dated 31-12-96 whereby the respondent No. 2 has confiscated the edible oil for the value of Rs. 17,000/- which has been confirmed by respondent No. 1 vide order dated 18-1-2005 (Annexure. P/5), the present petition has been filed.

(2.) Short facts of the case are that petitioner is the proprietor of M/s. Mahajan Traders and is carrying on his business at ?, Tamboli Bakhal, Indore. It is submitted that on 17-7-96, search was made by the Food Inspector at the shop of petitioner. A show-cause notice was issued to the petitioner on 9-8-1996 wherein certain violations were alleged on the part of the petitioner under the provisions of M. P. Scheduled Commodities Trading Licence and Jama Khori Par Nibandhan Order, 1991 and also M.P. Essential Commodities Price Exhibition and Price Control Order (which shall be referred hereinafter as 'the Order'). In the said notice, the petitioner was asked why the articles which have been seized should not be confiscated. The reply to show-cause notice was submitted by the petitioner. After considering the same, vide order dated 31-12-96. respondent No. 2 confiscated the seized articles and directed the petitioner to pay dues amounting to Rs, 17,000/-. In appeal filed by the petitioner, the order was confirmed.

(3.) Learned counsel for petitioner submits that order passed by the revisional authority is illegal as the order Annx. P/5 has been passed by the Minister, Food, Civil Supplies and Consumer Protection, while the revision ought to have been decided under Section 6C of the Essential Commodities Act, 1955 by a Judicial Authority appointed by the State Government.