ANANDA SAMAL 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 initiated by the Collector, Keonjhar in E.C. Case No.23 of 2008. The petition was contested by the opposite parties.

(3.) The facts of the case in nutshell are that during night patrolling on 01/02.09.2008, the O.I.C., Anandapur Police Station found that a truck bearing registration No.WB-57A-1857 was loaded with 218 bags of PDC rice illegally transported from Ghasipura side towards Kolkata. He called the Supply Inspector, Ghasipura for inspection and verification of the loaded rice bags, who opined that out of the said rice bags, 60% are of miller rice and rest are obtained from local market. He seized 180 bags of PDC rice in presence of witnesses and proceeded with investigation. Thereafter he handed over the seized rice bags in the zima of the Supply Inspector in order to avoid damage/destruction and kept the seized truck in the police station. The O.I.C., Anandpur thereafter transmitted the case record to the Collector, Keonjhar for initiation of a proceeding under Section 6-A of the E.C. Act. The Collector by order dated 11.09.2008 in E.C. Case No.23 of 2008 directed to dispose of the seized stock of rice through PDS immediately to avoid loss due to natural decay and to deposit the sale proceeds in Government Treasury. The Collector also directed to detect the owner and the driver of the vehicle and to take legal action against them. The petitioner moved a petition for release of the vehicle before the S.D.J.M., Anandapur in C.M.C. No.181 of 2008 wherein the learned Magistrate directed to release the seized vehicle in the zima of one Naresh Ghose. In the impugned order dated 18.1.2010, the Collector issued show cause notice to the owner of the vehicle as to why the vehicle will not be confiscated to the State Govt. under Section 6-A(1) of the E.G. Act Further, the Collector also directed the Collector and District Magistrate, Bankura, State of West Bengal to seize the vehicle and to keep it in the local police station for its safe custody. Challenging the said order, the present writ petition has been filed to quash the proceeding in E.M.C. Case No.23 of 2008.