PRAKASH CHANDRA AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present writ application, the petitioner-Prakash Chandra Agrawal has sought to challenge the order dated 29.03.1993 passed in Misc. Case No.39 of 1990 under Section 6-A of the Essential Commodities Act, 1955 (in short 'E.C. Act'), whereby the Collector, Cuttack (O.P. No.3) has directed confiscation of 800 tins of mustard oil worth Rs.3,86,660/- which were originally seized by the INspector of Police, Vigilance (C.B.), Cuttack on 9.11.1990 at 7 P.M. at Manguli Chhak about a distance of about 8 Kms. from the Cuttack city. Apart from the above, the petitioner also sought to challenge the appellate order dated 27.08.1994 passed in L.S. Appeal No.06 of 1993, whereby the Additional Secretary to the Government of Orissa, Department of Food Supplies and Consumer Welfare Department, Bhubaneswar (O.P. No.2), has confirmed the order of confiscation passed by the Collector, Cuttack under Section 6-A of the E.C. Act.

(2.) THE short facts of the present case are that on 17.01.1990, the petitioner-Prakash Chandra Agrawal applied for a license under the licensing order before the A.D.M., Bhubaneswar, who was the competent authority for grant of license at Bhubaneswar. In fact, the license in favour of the petitioner was granted for the year 1990-91 on 28.03.91 vide Annexure-3. While the petitioner's application for license was pending consideration, the Inspector of Police, Vigilance (C.B.), Cuttack acting purportedly on certain information received about clandestine trade in oil, proceeded to Manguli Chhak near Cuttack and stopped a truck bearing Regd. No.OIC-9549, on which 800 tins of mustard oil weighing about 15 Kgs. each had been dispatched by Sarada Oil Mills, Kasikelen (U.P.) in favour of M/s. Pritam General Store, Bhubaneswar, of which the petitioner happens to be the proprietor. THE Inspector of Police, Vigilance (C.B.), Cuttack was not satisfied by the explanation provided by the truck driver and registered a case i.e. G.R. Case No.71 of 1990 under Section 7 of the E.C. Act read with Section 420/128-B I.P.C. apart from recommending confiscation of the seized quantum of mustard oil.