BASANT SARAF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both these appeals involving common question of law and fact and having arisen out of a common judgment were taken up for hearing together and are being disposed of by this judgment.

(2.) The writ petitioners are the appellants herein. They filed two writ applications for quashing two investigations made pursuant to first information reports leading to initiation of two cases under Section 7(1)(a)(ii) of the Essential Commodities Act, being English Bazar P.S. Case No. 404 of 1998 dated 30.11.1998 and English Bazar P.S. Case No. 405 of 1998 dated 30.11.1998 respectively as also confiscation proceedings, being E.C. Case No. 13 of 1998 and E.C. Case No. 14 of 1998 pending before the Collector under E.C. Act, Malda, as also the order dated 04.12.1998 passed therein.

(3.) The appellants/writ petitioners are exporters. They were exporting rice to Bangla Desh. Their trucks were seized for alleged violation of the provisions of conditions laid down under para 10 of the West Bengal Rice and Paddy (Control) Order, 1979, as allegedly in terms thereof, they were required to produce the permit or authority for exporting the same.