RAJ KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Revisional application in which besides Section 481 and 482 of the Code of Criminal Procedure, the interference of this Court under Article 227 of the Constitution of India has been invoked is directed against an order dated 30. 11. 82 passed by the Collector, Chandernagore directing a sale of 8310 liters of kerosene oil seized in connection with singoor Police Station Case No, 20 dated 26. 12. 79 under section 7 (1) (a) (ii) of the essential Commodities Act, 1955 arising out of E, C. Act Seizure case No. 7 of 1980.

(2.) THE Learned Advocate appearing for the petitioner has submitted that the seizure of Kerosene oil in question has been made for shortage of 52 litres of Kerosene oil as per book balance and failure on the pan of the petitioner to produce documents showing that the Kerosene oil in question was supplied by the Indian Oil Corporation to the petitioner under M. P. D. C. scheme. But it is pointed out on behalf of the petitioner that the Annexure "a" to the petition would show Government order allowing shortage of one percent to two percent for transaction of purchase and sale of Kerosene oil. and Annexure "b" to the petition would show that the Kerosene oil in question was supplied to the petitioner by I. O. C. under M. P. D. C. Scheme. It is further submitted on behalf of the petitioner that the impugned order does not show that the petitioner has contravened any order made under section 3 of the Essential commodities Act.

(3.) ON the other hand, it is submitted by the Learned Public Prosecution appearing for the State that the present application is a malafide attempt to circumvent the provisions of law under which the State government is the Appellate authority in respect of any order made by the Collector under section 6a of the Act and that as the petitioner has not availed of the alternative remedy of preferring any appeal before the state Government from the order of the collector, the present application should not be entertained by this Court