SREE LAKSHMI OIL MILL Vs. STATE

JUDGEMENT

(1.) THE petitioners are the partners of the Sree Lakshmi Oil Mill at Kethardanga within the district of bankura.

(2.) ON 17. 12. 81 the police raided the petitioners' firm and seized several quintals of mustard seed, mustard oil and oil cake. Pursuant to the seizure a case was instituted under section 7 (1) (a) (ii) of the Essential commodities Act, 1955 (hereinafter referred to as the Act) for violation of the provisions of paragraph 3 (2) of the West bengal Declaration of Stocks and Prices of essential Commodities Order, 1977 as well as paragraph 3 (1) of the West bengal Rules, Edible Oil Seeds and Edible oils (Dealers Licensing) Order, 1978. Thereafter, confiscation proceeding were started before the Magistrate, Bankura, who was the Collector, under the provisions of section 6-A of the Act, and the Collector, by an order dated 30. 8. 82 director confiscation of the seized goods and further ordered that the I. Q. would arrange the sale of the goods at a fair price and keep the sale proceeds in deposit in the Treasury until further orders.

(3.) AGAINST the order of the Collector, the petitioners preferred an appeal on 6. 9. 82 before the District Judge, Bankura, who was the judicial authority under the provisions of section 6-C of the Act. The appeal was numbered as Misc. Appeal No, 35 of 1982. The learned Judge, however, by an order dated 25. 9. 82 directed the memo of appeal to be returned to the petitioners or their lawyer for being presented to the appropriate appellate authority in view of the provisions of the Essential commodities (Special Provisions) Act, 1981 which came into force in West Bengal on and from 1,9. 82. The order of the learned Judge dated 25. 9. 82 is the subject matter of challenge in this Rule.