SUNDARI DEVI SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON March 31, 1980 an Inspector of Police attached to the Enforcement Branch conducted a raid on premises No. 2 -1B, Chetla Road, Calcutta and seized, inter alia, High Speed: Diesel Oil, Lubricating Oil and two tanker lorries, bearing Nos. WBQ 4968 and WMK 2403 with 10,000 litres and 12,000 litres of High Speed Diesel in their respective tanks. Pursuant to such seizure, Section V -2, Case No. 88 dated March 31, 1980 under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter the Act) was started.

(2.) THE two tanker lorries were registered in the name of one Satya Narayan. Shaw and since he was dead, his wife and legal heir Smt. Sundari Devi Shaw, applied to the Collector, 24 Parganas to whom the seizure had been reported for the return of the said forries. The Collector by an order dated June 6, 1980 passed in Misc. Case No. 41 of 1980 gave the petitioner the option of paying with -in forty five days of the order a fine totalling the market price of 22,000 litres of High Speed Diesel Oil seized in the two tankers, failing which the tankers were directed to be confiscated to the State. Against this order the present application has been filed by the petitioner with notice to the State.

(3.) MR . Sen further argued that movement of goods by road transport has increased considerably in recent years and in order to protect carriers, whose vehicles may be involved in offences under the Act without their knowledge or consent, Parliament took away the Collector's power of confiscation of vehicles by repealing Section 4 of the Amending Act of 1974.