NATHURAM AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has approached this Court complaining that the molasses kept by him under storage for the purpose of sale thereof to consumers was illegally seized under Annexure -1 seizure list and entrusted to him on zima. The petitioner questions the authority of the officer who seized the molasses and submits that the seizure was without jurisdiction.

(2.) THE seizure list Annexure -1 states that it was found that 210 metric tons of molasses was stored in an underground tank in the premises of the petitioner and the same was discovered on a search. When demanded, the petitioner could not produce the books of accounts, the licence for import, storage and sale of molasses as required under the provisions of the Orissa Khandasari and Gur Dealers Licensing Order, 1963, and in view of this, the stock was being seized for contravention of Clause 3 of the aforesaid Licensing Order. What is contended on behalf of the petitioner is that the molasses seized does not come within the purview of Clause 3 of the Licensing Order referred to in Annexure -1, and consequently, the seizure was without authority. This is sought to be met by the learned Additional Government Advocate by contending that molasses seized from the petitioner comes squarely within the definition of 'Gur' as found in the Licensing Order and since admittedly the petitioner had no licence under the Licensing Order for storing the molasses, it was rightly seized by the authority concerned. He submitted that the seizure was well within the jurisdiction of the authority.

(3.) FOR the aforesaid reasons, the writ petition is allowed and the seizure of molasses of the petitioner under the Licensing Order, 1963 is quashed. The molasses has been entrusted to the petitioner on zima. The petitioner will now be in possession of the said molasses in his own right and be free to deal with it on his own subject to his obligation to fulfil the requirements of any other Act, Rules or Regulations and as if there was no seizure of the same under the Orissa Khandasari and Gur Dealers Licensing Order, 1963.