KESORAM INDUSTRIES LIMITED Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) The Court : This writ petition is made challenging an order of search and seizure made by the office of Regional Textile Commissioner, Government of India, Ministry of Textile. From the face of the seizure memo, it appears that it was made in exercise of the powers conferred on them under Clause 12(e) of Textile Notification No. CER/(18)/88-CLB, dated 7-3-88. It appears that the described goods are bleached sucie shirting cloth (mercerised). Initially a criminal proceeding was initiated challenging the same before the appropriate Criminal Court for violation of the order by the authority and ultimately a writ petition was moved to this court in the year 1992 which is pending from then till the end of 2001 and now placed under the heading "Old Matters" for the purpose of early disposal with prior warning list but none appears on behalf of the respondents.

(2.) When the matter was repeatedly called today for hearing learned Counsel appearing on behalf of the petitioner contended before this court that seized articles have already been released long before. The criminal proceeding is actually infructuous. Be that as it may no finding is there which will be the actual basis for the purpose of making a search and seizure. Therefore, straightway it goes against the right of a citizen given under the Constitution.

(3.) Before going to the ratio of the Bhajan Lal's case (State of Haryana and Ors. v. Ch. Bhajan Lal and Ors.) which normally I do in such circumstances I have taken note of certain other legal aspects of the matter. Since the matter is in respect of the Textile (Control) Order, 1986 21(i)(d) of the Notification Order is as follows :