(1.) This Rule was issued on the District Magistrate, 24 Parganas why the order for sale complained of should not be set aside or such other or further order or orders made as to this Court may seem fit and proper. There were other reliefs prayed for but the Rule as issued did not include such other reliefs.
(2.) The petitioner before us is the owner of a large business concern at Budge Budge. On the 12th October, 1950, Officers of the Enforcement Department of the Government visited the shop. It is alleged that along with other articles mill-made textile goods as also textiles made by power looms were kept at that shop for sale. The Enforcement Department sent a test purchaser to the shop on the date aforesaid. One piece of mill-made cloth was sold to him at a price higher than what was marked On the cloth, as being the fair price for retail sale. The shop was immediately thereafter raided and searched. No price list was exhibited at the shop and certain books required to be maintained under the various Control Orders were also not kept. The petitioner was sent up on charges framed under various provisions viz., Section 7 (1) of the Essential Supplies (Temporary Powers) Act XXIV (24) of 1946, Clauses 15, 18 (1) and 19 (1) of the West Bengal Cotton Cloth and Yarn Control Order, 1948, Clause 24 of the Cotton Textiles Control Order, 1948, and under Sections 3 (1) and 6 of the West Bengal Black Marketing Act (West Bengal Act XXXII (32) of 1948).
(3.) The entire shop was sealed and a large quantity of stock was also seized. A number of persons had also been arrested. The actual trial has not yet taken place. The Magistrate was moved on different occasions about the disposal of the stock which had been seized. The last order which was passed by the Sub-divisional Magistrate was one dated 27th Nov ember, 1950. He directed that the seized goods be sold by the Director of Textiles. The other portions of the order are not relevant for our present purpose.