THANMALL KAMANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three cases are taken up together as that facts in all the three are similar and the law involved in all the three are quite he same.

(2.) In all these three cases consignments of edibles sent from places outside West Bengal, reached Shalimar yard of the South Eastern Railway and unloaded there. The consignees asked for delivery when they were told that the consignments were seized under the provisions of the W.B. Food Stuff (Restriction on Storage in Railway Premises) Order, 1979 and they were told to apply to the Collector for getting delivery of the consignments. The Collector (AddI. Collector and S.D.O., Sadar Howrah here) when approached directed seizure of the consignments, served notice upon the consignees to show cause as to why the consignments would not be confiscated and directed sale of the consignments by public auction. Hence, these revisional applications for quashing the said proceedings and the orders directing bale of the consignments.

(3.) The law involved in the three proceedings may be summarised as follows: Procedure under Essential Commodities Act 1955 head with W.B. Food Stuff (Restriction on Storage in Railway Premises) Order, 1979.Para-3 (1) Prohibits keeping a consignment of Food Stuff in Rly. premises beyond seven days after termination of transit thereof as per section 77(5) of the Indian Railways Act, 1890. Para-3 (2) After expiry of the seven days the Railway Administration shall draw up a statement containing all the particulars, exhibit the same and send a copy of the same to the Collector of the District. Para-5 (1) Collector or any officer of the State Government not below the rank of an Inspector of Food and Supplies authorised by the Collector or any Police Officer not below the rank of an A.S.I. may, with a view to securing compliance with this order or to satisfy himself that this order has been complied with, (a) inspect or cause to be inspected any stock of food-stuff (b) (c) (d) (e) Seize and remove (i) any stock of food-stuff. (ii) (iii)