BRIGHT TRADING CO Vs. RUBBER BOARD

JUDGEMENT

(1.) Md. Gulzar Ahmed and Md. Munir Ahmed are partners of a partnership firm, M/s. Bright Trading Company, and were given licence by the Rubber Board in Form No. C to buy or otherwise acquire rubber from any registered estate or any licensed dealer and sell rubber to another licensed dealer or licensed manufacturer subject to the terms and conditions of the licence. The petitioner was carrying on its business as a licensed rubber dealer for a number of years. The licence was issued annually and the last such licence was issued on 14-2-1980 and was valid from 1st April, 1980 to 31st March, 1981. The petitioner's licence was suspended by the Assistant Secretary, Rubber Board, the Respondent No. 2, with effect from 10th Sept. 1980 and was ultimately revoked by an order dated 13th Feb. 1981. By this writ petition the petitioners have challenged the aforesaid order of suspension and revocation of licence.

(2.) The petitioner as a licensed dealer had to carry on business in rubber strictly in accordance with the terms and conditions laid down in the licence and also the provisions of the Rubber Act, 1947 and the Rubber Rules, 1955. Under the provisions of the Act and the Rules and also the terms of the licence, the petitioners were obliged to maintain accounts and records of all transactions showing details of daily purchases and sales and daily balance had to be kept without fail. The petitioner had to keep its place of business open to inspection by the Board or its representatives. Monthly returns had to be submitted regularly. It was also essential for the petitioners to make declaration regarding inter-State transport of rubber in the prescribed forms.

(3.) The petitioner was licensed to deal in rubber at premises No. 62, Phears Lane, Calcutta. On 2nd Aug. 1980 the Rubber Board received information that the petitioner was maintaining three other godowns located at 43, Phears Lane, 63, Phears lane, and 12, Gopal Chandra Lane, Calcutta. On 2nd Aug. 1980 the petitioner's godown at 43, Phears Lane, Calcutta was inspected. The godown at 63, Phears Lane, Calcutta could not be inspected because the godown could not be opened. The godown was placed under police custody and was opened on 4th Aug. 1980. On inspection unaccounted stock of 2080 Kgs. of rubber was found. From the books of accounts and records it was not noticed that a stock of 150 Kgs. of rubber was stored at 62, Phears Lane, Calcutta, on 2nd Aug. 1980. It was further directed from the books, of accounts that since 29th July, 1980 the petitioner firm did not make any purchase of rubber. The last purchase recorded was from M/s. Usha Commercial Corporation on 29th July, 1980 and the quantity was 2000 Kgs. of sheet rubber.