MILAN PANJA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) No affidavit -opposition has been filed to this writ petition. Submissions were made on behalf of the respondents. The matter was heard from time to time and ultimately the judgment was reserved.

(2.) It appears on 31st Oct. 1998 Sri Amar Roy Choudhury, Sub-Inspector of Police, D.E.B. Burdwan intercepted a truck, bearing registration No. WBQ 8603, loaded with 150 bags of paddy, each bag containing 60 Kilograms of paddy, having a total quantity of 90 quintals of paddy, it is not disputed, belonging to the petitioner, at a distance of one kilometer from Burdwan while the same was on its way to Pally Mongal Rice Mill, whereupon the Truck as well as the paddy loaded on the truck were seized and the Driver of the truck was arrested. Thereafter, a First Information Report was filed by the said Sub-Inspector of Police, the text whereof is as follows :-

(3.) On the basis of the First Information Report Memari Police Station Case No. 167/98 dated 31st Oct. 1998 was registered under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for alleged violation of para 3 of the West Bengal Rice and Paddy (Storage by Consumers) Control Order, 1967. The Investigating Officer thereupon prayed before the learned Collector, E.C. Act, Burdwan for sale of the seized goods. Such prayer was considered and decided by an order dated 5th January, 1999 by the learned Collector, E.C. Act, Burdwan in the manner as follows :-