KHOKAN KUMAR BERA Vs. STATE

JUDGEMENT

(1.) This is an application, under Article 227 of the Constitution of India for setting aside the order dated 11.12.84 passed by the E.C. Collector, Contai in the proceeding No. EC-9 of 1984. By the said order the Collector directed sale of the seized fertiliser.

(2.) On receipt of a report of seizure of 62 bags of Urea, 16 bags of Calcium, 8 bags of Sufala and other fertilisers from S.I. of Police, DEO, Egra, dated 6.12.84 the K.C. Collector, Contai initiated the impugned proceeding and passed the fol1owing order:

(3.) He did not order for issue of any notice under Section 6B of the essential Commodities Act nor does it appear that the impugned proceeding was one for confiscation. The Collector did not also issue any notice on the petitioner from whose custody the fertiliser was seized before the impugned order for sale.