HINDUSTHAN LEVER LIMITED Vs. COLLECTOR & DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ petition is directed against the order of confiscation dated 07.12.2002 passed by the Collector & District Magistrate, Sundargarh under Section 6(A) of the Essential Commodities Act, 1956 (for short 'the Act') vide Annexure-9, in Misc. Case No. 40 of 2001, directing confiscation of the value of the seized commodities, , i.e. by encashing Bank Guarantee furnished by petitioner No. 1 to the tune of Rs. 3,00,000/- (three lakhs) while taking interim release of the seized stock of 'Dalda' and calling upon petitioner No. 1 to deposit the differential amount of Rs. 88,876/- (eighty-eight thousand eight hundred and seventy-six) and the truck bearing Registration No. OSU-3915. The brief fact of the case relevant for disposal of this writ petition is as follows:-

(2.) Mr. S.C. Lal, learned senior counsel appearing for the petitioner impugns the order of confiscation passed vide Annexure-9 on the following grounds:-

(3.) Learned Addl. Standing Counsel on the other hand supports the impugned order and submits that all the contentions raised now by the learned counsels for the petitioners were raised before the learned Collector, Sundargarh, who, by a well discussed order, has taken care of all the submissions made before passing the impugned order.