N. DHARMA RAO Vs. THE COLLECTOR AND ORS.

JUDGEMENT

(1.) IN this writ petition the petitioner challenges the judgment dated 9.11.2012 passed by learned Sessions Judge, Rayagada in Crl. Appeal No. 8/2012 dismissing his appeal against an order of confiscation made by the learned Collector, Rayagada in C.S. No. 3/2013 for confiscation of a vehicle bearing Regn. No. AP -16 -TU -4988 on the ground that it was found to be containing blue dyed kerosene oil in the fuel tank.

(2.) THE brief facts of the case is that on 22.12.2011 as per verbal direction of Civil Supply Officer, Rayagada, the Inspector of Supplies, Rayagada Municipality along with the A.C.S.O., Rayagada proceeded to Rayagada Police Station at about 5 P.M. The I.I.C., Rayagada P.S. informed the that they have detected a goods carriage, Ashok Leyland Truck bearing Regn. No. AP -16 -TU -4988 was loading blue dyed kerosene oil in the fuel tank. The driver of the alleged truck M. Srinu was also present at the Police Station. The Inspector of Supplies along with other Civil Supplies executive staff drained out some fuel from the fuel tank and found the same was blue dyed kerosene oil. Therefore, the Inspector of Supplies drained out the entire blue dyed kerosene oil from the fuel tank and on measurement it came to 98 litres. On being asked, the driver of the vehicle admitted that somebody had given him the blue dyed kerosene oil which he was pouring in the vehicle but could not produce any valid document for using the said blue dyed kerosene oil as fuel in the vehicle. Hence the Inspector of Supplies seized 98 litres of blue dyed kerosene oil along with the aforesaid truck from the possession of the driver M. Srinu in presence of witnesses for contravention of Clause 3(1) of Kerosene Oil (Restriction on Use and Fixation of Ceiling Price) Order, 1993 and the Odisha Public Distribution System Control Order 2008. The seized kerosene oil was kept under the zima of G.V.V. Prasad, Sub -wholesaler of kerosene oil, after execution of a zimanama. Thereafter the Inspector of Supplies lodged a complaint before the Collector for initiation of a proceeding under Section 6 -A of the Essential Commodities Act, 1955 for disposal of the seized property. Accordingly, a case being C.S. No. 3/2012 was initiated and show cause notice under Section 6 -B of the Essential Commodities Act was issued to the opposite party to appear and for filing counter. The opposite party filed counter affidavit. The owner of the seized vehicle, the present petitioner, also filed a petition through his Advocate praying for release of the vehicle before the Collector, Rayagada. The learned Collector, Rayagada after hearing both parties and perusing the documents came to conclusion that the owner of the vehicle is deemed to have knowledge of using the P.D.S. blue dyed kerosene oil in his vehicle and has contravened the aforesaid provision of law and passed order for confiscation of the seized vehicle under Section 6 -A of the Essential Commodities Act on 14.2.2012 and directed the owner to file his option to pay the fine amount equivalent to the market price of the seized vehicle in lieu of confiscation of the same. Since the petitioner was unable to deposit the cost of the vehicle as fixed by the M.V.I., Rayagada as fine amount in lieu of confiscation of the seized vehicle, orders were passed by the Collector, Rayagada for confiscation of the same.

(3.) THE record reveals that the learned Collector, Rayagada in his order dated 14.2.2012 after going through the entire documents available on record, having taken into consideration the arguments advanced by the learned counsel appearing for the petitioner was satisfied that the driver of the seized vehicle was using the seized 98 litres of blue dyed kerosene oil in the fuel tank of the vehicle without any valid licence or document being an agent of the owner and that the owner of the said vehicle cannot escape from his liability for the acts done by his agent/driver M. Srinu and deemed to have knowledge of using the blue dyed kerosene oil in his vehicle and thereby contravened Clause -3(1) of the Kerosene Oil (Restriction on Use and Fixation of Ceiling Price) Order, 1993 and the Odisha Public Distribution System Control Order, 2008 and ultimately passed order for confiscation of the vehicle.