SWAPAN KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present application under Article 227 of the Constitution of India the petitioner has challenged the inaction on the part of the confiscating authority in not paying the value/price of the seized articles namely 338 bags of mustard seeds which was damaged due to the negligence of the authorities and which was directed to be returned to the petitioner by this Court.

(2.) 338 bags of mustard seeds were seized by the police from the premises of the petitioner. On a prayer for confiscation made by the I.O. a confiscation proceeding was initiated before the Additional Collector, Nadia, who by an order dated 25,9,97 confiscated the seized articles. Challenging such order of confiscation the petitioner preferred an application under Article 227 of the Constitution of India. The said application was ultimately dismissed by this Court on 30.4.98. As an order of stay was granted by this Court the order of confiscation could not be given effect to.

(3.) The petitioner thereafter preferred an appeal before the appellate authority under section 6-C of the E.C. Act and the order of confiscation was affirmed by the appellate authority. The order of the appellate authority was again challenged before this Court in an application being C.R.R. No. 1789 of 1998 and this Court finally disposed of the said application on 16.7.99 and after setting aside the order of confiscation as affirmed on appeal by the appellate authority directed the seized articles to be returned to the petitioner on furnishing bond to the satisfaction of the learned Collector.