V R KAPADIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two applications under Article 227 of the Constitution has raised common question of law. Both are directed against order dated the 2nd May, 1986, passed by the learned Collector under the Essential Commodities Act, Howrah in Case No. 66 of 1985 under section 6A of the said Act. By the impugned order the Collector disposed of a proceeding under section 6A of the E.C. Act. He found that there has been no contravention of the West Bengal Pulses Edible Oil Seeds and Edible Oil Control Order, 1978. Accordingly he rejected the confiscation prayer made by the investigating authority of that case. By the same order he also rejected the prayer of the petitioner for return, of the said commodities. According to the learned Collector the commodities involved were seized subsequent to a case of Special Court being Case No. 151 of 1985 pending before the learned Special Judge, Howrah and as the Special Judge can also pass an order of confiscation he is unable to pass an order on the application and this matter has to be dealt with by the learned Special Judge. The petitioner filed an application before the learned Special Judge for return of the seized commodities to her. The learned Special Judge rejected the application on the ground that the case was only at the investigation stage and when a proceeding under section 6A was started it is the Collector who can pass an order. Accordingly, he declined to pass any order and rejected the application. Caught in the midst such a dilema the petitioner has come up with this revisional application.

(2.) In the other application preferred by the State, the State has Prayed for setting aside the order passed by the Collector rejecting the prayer of the Investigating Officer for confiscation of the seized commodities. Their main grievance is that the learned Collector failed to consider if on the facts of the case the provision of Para 4 of the said order was applicable. At the time of the hearing this point was raised before the learned Collector. The learned Collector held that since notice u/s. 6B only ground which was not raised in the said notice and for which the other side has no opportunity, of showing cause. Learned Collectors view was that in considering where the seized goods are to be confiscated u/s. 6A he cannot consider a ground which was not taken in the notice u/s. 6B and accordingly he declined to consider the same.

(3.) Mr. Amit Bhattacharjee appearing for the petitioner Miss. (Dr.) Kapadia submitted that a godown of M/s. Dosi Warehousing Agency was searched by a team of police officers of the District Enforcement Branch, Howrah and one Madanlal Mahato, a Caretaker of the said godown was present there. He was asked to produce licence under West Bengal Pulses Edible Oil Seeds and Edible Oils Order, 1978. During inspection of the papers and documents produced by the said Caretaker it appeared to the Investigating Agency that the petitioner's firm bas violated the provisions of Para 3 of the said Control order. The Care-taker was arrested and a complaint was lodged at the local police station u/s. 7(i)(a)(ii) of the Essential Commodities Act. On 11th November, 1985 the 1.0. submitted a confiscation prayer in respect of the bulk pulses seized in connection with the case before the Collector, Howrah. An order for interim sale was passed by the Collector. Against that an application under Art. 226 of the Constitution of India was moved by the petitioner before the Honble Justice Mr. U.C. Banerjee challenging therein the entire proceeding pending before the learned Collector. The legality of the seizure of pulses was also challenged. The writ application was ultimately dismissed by His Lordship on the view that the writ Court would not be justified in interfering with an investigation. But the seized articles were not disposed of till then. Thereafter the matter was heard on different dates. Thereafter the learned Collector passed impugned order. The quantity of pulses seized in this case amounted to over 4,000 bags. These pulses were imported from a foreign country under licence.