SAMERANDRA NATH BHOWMIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this application under Article 220 of the Constitution of India had challenged the validity of an enquiry or in verification started in connection with theEssential Commodity Case No 36 of 1987 and Hanskhali P.S. Case No.7 dated 9.987 under Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955 and the order dated 11/11/1987 passed by the Judge Special Court, Essential Commodities Act, Nadia Krishnanagar is Essential Commodity Case No. 36 of 1987.

(2.) In the instant case, a first information report was lodged against the petitioner by an Assistant Sub-Inspector of Police, Hanskhali Police Station, wherein it was allowed that on getting information that edible oil seeds (Til seed) had been stored beyond declared quantity at the godown of the petitioner at Bagula College Road, P.S. Hanskhali, the said godown was raided and found that there was shortage to the extent of 1 quintal 77 kg. 500 grams of Tit seeds from the stock on comparison of the stocks mentioned in the rate board and the actual stock. Under such circumstances the entire stock of Til were seized. It was alleged that the petitioner had violated the provisions of para 3 of the West Bengal Pulses, Edible Oil Seeds and Edible Oils (Dealers Licensing) Order, 1978 and para 5 of the Licence which were required under the said Control Order. It was further alleged that the petitioner had also violated the provisions of para 3(2) of the Welt Bengal Declaration of Stock & Prices of Eventual Commodities Order, 1977 and as such the petitioner was liable for prosecution under Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955. The petitioner filed an application for anticipatory bail before the learned Judge, Special Court under Essential Commodities Act and that a point was taken in that application that Til seeds had not been specifically mentioned in the Schedule to the relevant Control Order. The learned Judge observed that it is found that Til seeds have not been specifically mentioned in the schedule but there is no mentioning of other oil seeds, whether Til seeds will come within the purview of other oil seeds or not, is a matter to be decided during the time of the trial even though Til seeds are not ordinarily edible seeds But from the schedule it is found that Til oil comes within the purview of edible oil. Different types of seeds that may come within the definition of other oil seeds are matter of evidence and not to be determined at this stage of anticipatory bails herein.

(3.) In the writ application, it was stated by the petitioner that mere possession ofTil seeds in the godown of the petitioner could not be an offence under the provisions of the Essential Commodities Act, 1955 or under the provisions of the said Control under. It was specifically stated that Til seeds were not the properties of the petitioner but were the properties of the co-villagers and neighbourers who were affected by flood and for that reasons kept the said Til seeds in the custody of the petitioner at the instance of the local Panchayat Authority to avoid total destruction and loss. It was further stated that the petitioner had no manner of control over the said Til seed excepting for the purpose of proper custody and had no right to sell or dispose of the same.