HIRALAL SHOW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application on behalf of the petitioners was filed with notice to State and was heard as a contested application on several dates. The facts out of which each of the present applications arises are as follows:-

(2.) Jagatdal Police Station Case No. 35 dated 12.11.81 under section 7 of the Essential Commodities Act (hereinafter referred to 'as the Act') was registered against the petitioners Nos. 1 to 3, Harilal Show, Ranjit Prasad Show and Bhagawan Show on the basis of the accusation that the search conducted at 4, Paper Mill Road, Police Station Jagatdal, District-24 Parganas revealed unauthorized possession of rapeseed oil, weighing about 16.5 kgs. and that on being challenged the petitioner No. 3 Bhagawan Show could not produce any licence or authority to justify the possession or storing of rapeseed oil; Sri D. P. Sarkar, Inspector of Police, District Enforcement Branch, 24-parganas seized the offending article for contravention of West Bengal Pulses and edible oil (dealer licensing) Order, 1978 and the provision of paragraph (3) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977; With reference to the aforesaid case the Sub-divisional Officer, Barrackpore issued a notice under section 6A of the Act against the petitioner No.1 only calling upon him to show cause by way of written representation within 30th December, 1981 as to why rapeseed oil should not be confiscated to the State of West Bengal the notice was undated; the petitioner No. 1 is the father of the other petitioners, that is petitioners Nos.3 to 4; the petitioners Nos. 2 to 4 are businessmen by profession and run grocery shops at kankinara Bazar and they possess licence granted by the Bhatpara municipality for carrying on their profession, trade or calling, By a petition filed before the learned Sub-Divisional Officer on 11.1.82; the petitioner No. 1 informed the Learned Sub-Divisional Officer that the seized oil is not owned by the petitioner No. 1 but the same belongs to his sons that is the petitioners Nos. 2 to 4, who run grocery shops; that no notice was served upon the petitioners Nos. 2 to 4 although the notice issued by the Learned Sub-Divisional Officer under section 6A of the Essential Commodities Act shows that the learned Sub-Divisional Officer was conscious of the fact that the rapeseed oil was seized from the custody of Harilal Show and his sons; that by order dated 11.1.82 the Learned Sub-Divisional Officer directed that the entire stock of rapeseed oil be confiscated to the State of West Bengal and further directed the Investigating Officer to sell the seized stock of rapeseed oil at the rate fixed by the Government in consultation with Sub-Divisional Controller (Food & Supplies) Barrackpore and to deposit the sale proceeds with the State Bank of India through Barrackpore Treasury.

(3.) That at the time of hearing of the application threefold objections were raised on behalf of the State and the Learned Advocate for the State later on argued the case on merits too.