PROMISING EXPORTS LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals arise from a common interim order dated November 18, 2020, passed by the learned Single Judge. Both the appeals are treated as on day's list by consent of the parties and disposed of by this common order.

(2.) The officials of Commissionerate of Customs (Preventive) had intercepted 175 trucks loaded with wheat at the parking lots at Ghojadanga Land Custom Station. The customs officials found that the jute bags containing the wheat were bearing the marks and numbers of Food Corporation of India, Government of Haryana and Government of Punjab. It was suspected that the wheat meant for the Public Distribution System was attempted to be diverted to Bangladesh illegally by the appellants along with other unscrupulous businessmen. The said customs officers accordingly lodged a complaint before the concerned police station and upon receipt of such complaint, a case being Basirhat Police Station Case No. 1150 of 2020 dated October 23, 2020 under Section 379/411/413/414 and 120B of the Indian Penal Code was initiated. Subsequently, Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (E.C. Act for short) was also added.

(3.) In connection with the case, the investigating agency made a prayer before the learned Additional Chief Judicial Magistrate, Basirhat, District - 24 Parganas (North) for giving direction upon the authority under E.C. Act to confiscate and detain the wheat "as per extant Law" and for taking 'Zimma' after counting and inspection of the wheat loaded in trucks.