KIRODIMULL AGARWALLA Vs. THE STATE

JUDGEMENT

(1.) This revisional application is for setting aside an order dated 22.9.1981 and an order dated 30.10.1981 in the proceeding No. 62A of 1981 under Sec. 6A of the Essential Commodities Act passed by the Additional Collector, 24 Parganas, Alipore, authorised to exercise the powers and perform the functions of the Collector under the said Act for the area of nil Police Stations in Calcutta and suburbs by the Collector, 24 Parganas in exercise of powers conferred by Sec. 2 of the said Act. The petitioner has also prayed for quashing the said proceeding.

(2.) It appears that on the 19th Sept. 1981 in the forenoon a Sub-Inspector of Police attached to Enforcement Branch, Calcutta searched the shop of the petitioner at 12B (now 22) Rabindra Sarani and seized 102 tins of palm oil and diverse quantities of gingely oil, vanaspati refined Groundnut oil, Coconut oil and mustard oil, alt packed in tins and some documents from that shop. He took charge of the seized 102 tins of palm oil and left the other seized goods in the custody of the petitioner on a Bond. On receiving report of the seizure of the aforesaid articles the Additional District Magistrate and Additional Collector, 24 Parganas (hereinafter called the Collectors by his order dated 22.9.198. started a proceeding for confiscation of the seized goods under Sec. 6A of the Essential Commodities Act by ordering issue of notice to show cause to the petitioner and directed sale of the seized 102 tins of palm oil to the West Bengal Essential Commodities Supply Corporation at Government fixed rate and distribution through ration shops. He fixed the case for hearing on 30.10.1981. The petitioner was intimated by the notice that the Collector had reasons to think that there had been a contravention of an order under Sec. 3 of the Essential Commodities Act viz West Bengal Pulses Edible Oil Seeds and Edible Oil (Dealers Licencing) Order 1978 and the condition in para 4 of the licence issued to the petitioner, for which Bowbazar P.S. Case No. 630 dated 19.9.1981 under Sec. 7(i)(a)(ii) of the said Act had been started against the petitioner. The petitioner submitted an application to vacate the interim order and a petition showing cause. Thereafter the Collector made an order on 30.10.1981 and that the order dated 22.9.81 was to remain in force and adjourned the hearing of the matters to 27.11.1981 The petitioner moved this Court in Revision on 16.1181 and obtained Rule and stay of the impugned orders dated 22.10.1981 and 30.10.1981.

(3.) This Court on 4.10.1983 after hearing both parties held that in view of the allegations made in the police report in connection with seizure of 102 tins of R.B.D. Palm Oil the Collector could not assume jurisdiction to start proceedings for confiscation in respect of the said articles and so the said articles were outside the purview of the confiscation proceedings under the law. But as a charge sheet had been filed against the petitioner in the court of the Chief Metropolitan Magistrate, Calcutta, the petitioner was given liberty to apply for return of the aforesaid articles before the Criminal Court Subsequently this revisional application relating to the confiscation proceeding in respect of the other seized articles of the petitioner has been heard.