DIPAK KUMAR SAHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Addl.Government Advocate for the State.

(2.) The petitioner has knocked at the door of this Court by filing the present writ petition, by virtue of which he is praying to quash the proceeding in E.C. Misc. Case No.39 of 2009 pending in the Court of Collector, Balasore initiated under Section 6-A of the Essential Commodities Act and to release the vehicle (tanker) bearing registration No. WB-11B-1692. The petition was contested by the opposite parties.

(3.) The facts of the case in nutshell are that the tanker bearing registration No.WB-11 B-1692 belonging to the petitioner was seized by the I.I.C., Jaleswar Police Station on 13.07.2009 on the allegation of illegal transportation of P.D.S. kerosene oil. Thereafter, E.C. Case No.39 of 2009 was initiated by the Collector, Balasore. The Collector, Balasore in the said proceeding called for show cause notice as to why the tanker shall not be confiscated and directed the C.S.O., Balasore for disposal of the seized kerosene. On perusal of the certified copy of the order-sheet in the said E.C. Case, it is found that the case was being adjourned from time to time for some reason or other. Finding no other way out, the petitioner has moved this writ petition for release of the tanker and to quash the proceeding in E C Case No.39 of 2009.