BHAJAHARI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging confiscation order dated September 27, 1988 passed by the S.D.O. Sadar, Baharampore, acting as Collector under the Essential Commodities Act, 1955. The Petitioner's case is that on April 12, 1988, the Police officers attached to the district enforcement branch Belganga raided the godown -cum -shop of the Petitioner at Khidirpore, P.S. Hariharpara, on allegation that he was carrying on business of wheat and that he failed to produce books of account and stocks in Rate Board. The said Police officers seized 70 quintals of wheat, 50 kgs. of moosuri pulses, and 2 quintals of kheshari pulses for the alleged violation of the provisions of para. 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977. Thereafter, a notice was served on the Petitioner under Sec. 6B of the Essential Commodities Act, 1955, asking him to show cause why the seized articles should not be confiscated. The Petitioner had shown cause against the proposed confiscation order and after hearing the Petitioner the impugned order was passed confiscating the seized articles and ordering that the same should be sold in public distribution system and by public auction. After the filing of the present application, an ad interim stay of operation of the impugned order was granted by this Court. The Petitioner now challenges that the order in question is bad, illegal and of no legal force and that the same should be set aside.

(2.) The stay was duly notified and the affidavit of service in this Court was filed by the Petitioner. None, however, appears to oppose the application.

(3.) Mr. Dhrubajyoti Ghosh appearing for the Petitioner attacks the order of the Collector on several grounds. His first contention is that the notice served under Sec. 6B of the Essential Commodities Act is bad as it does not mention any particular provision of the Act which is alleged to have been contravened. The second contention is that wheat is not a controlled commodity and is not covered by the West Bengal Pulses and Edible Oil Seeds and Edible Oils (Dealers Licensing) Order, 1978. His third contention is that the confiscation order has been passed mechanically by the Collector without being satisfied about the contravention of any provision of any order issued under the Essential Commodities Act.