MAHADEV CH MAZUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The facts inter alia leading to this Writ petition is that the petitioner was and still is carrying on a proprietorship business under the name and style of M/s. Baghbazar Grinding Mill at No. 2, Chitpur Bridge Approach Road, Calcutta-700 003 for last 20 years without having any complaint with regard to the nature of business. The petitioner being proprietor running the said grinding mill for the purpose of grinding different stone materials, viz. lime stone, china clay, lump stone, damaged/stoned cement etc. The petitioner at all material times was holding appropriate trade licence. He is a bona fide income tax assessee and professional tax payee.

(2.) The petitioner usually purchase damaged/stoned cement from Cement Corporation of India Limited (a Government of India Enterprise). Under the contract between the petitioner's concern and Cement Corporation of India Limited, the petitioner cannot use the said cement for the purpose of construction and for resale. The petitioner is only grinding such materials to reduce into dust and to sale it off to different customers, who are, in turn, using the same for the purpose of making tiles, zafri, rain water pipes, primer paints etc.

(3.) Suddenly, on 28th August, 1993, one Sub-Inspector of Enforcement Branch, Respondent No. 3 came to the premises alongwith the Officer-in-Charge of Shyam Pukur Police Station Respondent No. 2 with few constables and arrested the petitioner, his son and few employees. As per F.I.R. and G.D. entry they seized certain materials upon suspecting the labourers adultering cement with some other materials under alleged instruction of the petitioner and his son. Such purported adulterated cement and other materials, grinding machine, weight machine etc. were seized and the mill-cum-godown was sealed under order of the superior officer as some of the seized articles cannot be removed as fixed with the floor of the godown. Save and except the signature of the concerned Sub-Inspector and Officer-in-Charge of the local Police Station no other signature of any superior officer can be seen in xerox copies of the extract of the General Diary and First Information Report.