OMRAOMAL GOEL Vs. COLLECTOR UNDER E C ACT

JUDGEMENT

(1.) This appeal is directed against a part of the judgment dated 21.4.99 passed by a learned single Judge of this Court in W.P. No. 13948 (W) of 1998 whereby and whereunder the learned trial Judge refused to direct return of the sale price of the essential commodities seized from the appellant and sold in a proceeding initiated under section 6-C of the Essential Commodities Act, 1955 (Act for short).

(2.) The fact of the matter is not in dispute.

(3.) The appellant herein is proprietor of Siliguri Cereals Company which used to deal with rice and wheat. On or about 2.8.94, the competent authority inspected the flour mills belonging to the appellant and seized certain quantities of rice and wheat kept therein as according to the said authority such storage was contrary to the provisions of the orders made under the Essential Commodities Act. A criminal case as also a confiscation proceeding, being E.C. Case No. 8/2 of 1994/1995 was initiated. In the criminal case, the appellant was discharged in terms of section 167(5) of the Code of Criminal Procedure.