REKHA GUPTA Vs. COLLECTOR BALASORE

JUDGEMENT

(1.) The petitioner assails the order of the Collector. Balasore passed under Sec. 6 (A) of the Essential Commodities Act directing confiscation of 25% of the seized imported R.B.D. Palmoline Oil for violation of the Orissa Pulses and Edible Oils Dealers (Licensing) Order, 1977 and the Edible Oil Packaging (Regulation) Order, 1998.

(2.) The petitioner, having been found by the Vigilance squad to have unloaded from a tanker and stored imported R.B.D. Palmoline Oil at Bateswar Road, a place other than the licensed premises i.e. at plot No. 541, in khata No. 500 at mouza Souelpur in violation of the conditions 2(a) and (b) of the licence granted under Clause 4 (2) of the Orissa Pulses and Edible Oils Dealers (Licensing) Order, 1977, and being found to be packing the said oil in old used tins without obtaining registration and licence under the Orissa Edible Oil Packaging Regulation Order, 1998, a report was lodged before the Collector. Balasore, the licensing authority. The Collector, Balasore, initiated a Confiscation proceeding under Sec. 6(A) of the Essential Commodities Act as against the petitioner and issued a show cause notice. The petitioner in response thereto filed her reply denying the allegation and it was her specific stand that she had long before made an application for change of location of the godown from village Souelpur to Bateswar, the place, where the commodities were being unloaded inasmuch as the Civil Supply Officer and the Inspector having inspected and verified the new place, inaction on the part of the Licensing authority in allowing such change of location, had forced her to store the oil in the godown at new place at Bateswar and for which she cannot be faulted, having violated any terms and condition of licence. It has also been stated that otherwise also in view of the proviso to Note of the licence, in Form-B even if the licensee changes the place of storage due to necessity, it is required to be notified within 48 hours and as such, there cannot be any violation, the period of 48 hours having not expired. So far as the allegation of having undertaken packaging of oil in container tins it is stated that she had filed application for registration and licence for packaging in terms of the Control Order on 2.10.2000, but if the authorities have caused inordinate delay in issuing the licence or even in rejecting her application, packaging of palmoline oil in tin containers in anticipation of the licence, cannot be construed as a violation of the Control Order.

(3.) Thus, the core question that falls for consideration is as to whether in view of the fact that the petitioners application for change of place of business as well as her application for grant of registration and licence for packaging of the oil, in containers being pending disposal with the licensing authorities, quite for some time, if the licensee starts conducting business in the new place of business and packaging of the oil in tin containers in expectation of obtaining the orders there for, the Licensing Authorities would proceed as against the licensee and hold her guilty of violating the conditions of the licence granted under the Orissa Pulses and Edible Oils Dealers Licensing Order. 1977.