UMESH KUMAR GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a writ petition in connection with the Essential Commodities Act, 1955. According to the petitioner an arbitrary and illegal search and seizure was made by the authority at the sub-centre of the petitioner without having an authorisation or prior permission from the competent authority in terms of the amended Ordinance of the Essential Commodities Act, 1955 as also in terms of West Bengal Kerosene Control Order, 1968.

(2.) The petitioner is a kerosene dealer having a kerosene shop at Rajendra Mullick Street, Calcutta-700007 within Jorasanko Police Station and running the said business in terms of the licence issued by the office of the Director of Consumer Goods, Food and Supplies Department, Govt. of West Bengal, 11, Mirja Galib Street, Calcutta 700 087. The petitioner was also authorised to sell kerosene oil from a sub-centre at 5, Raja Brojendra Narayan Street, Calcutta 700 007 with Burrabazar Police Station by the said officers. The petitioner was selling kerosene oil against the ration cards as tagged by the competent authority from the said two places and according to them the accounts were also maintained.

(3.) On 29th July, 1998 officers attached to the Enforcement Branch of Police representing the office of the Deputy Commissioner of Police, Enforcement Branch, 12, Ballygunge Circular Road, Calcutta - 700 091 made a search in the sub-centre of the petitioner's kerosene oil shop and seized 110 liters of kerosene oil along with registers, cash memos against the seizure list and arrested two persons. According to the concerned officers at the time of checking of the registers and physical verification at the sub-centre of the petitioner, it was detected that there was a shortage of 1469 liters of kerosene oil and thereby the petitioner had violated the Paragraphs 3(a), 4 and 7 of the condition of West Bengal Kerosene Control Order, 1968 and 3(2) West Bengal Declaration of Stocks and Price of Essential Commodities Order, 1977. Therefore, it is punishable under Section 7(i)(a)(ii)/8 of Essential Commodities Act.