ASHOK KUMAR SATPATHY Vs. COLLECTOR KEONJHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The order dated 20.7.2006 passed by the Collector, Keonjhar in a proceeding under Section 6A of the Essential Commodities Act confiscating the vehicle in question and directing sale of the same.

(3.) In the impugned order, the Collector, Keonjhar has held that for contravention of the provision of Clause 8 of Orissa Kerosene Control Order, 1962 and Clause 3 of Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 the vehicle in question is liable for confiscation. However, option was not given to the petitioner as provided under second proviso to Section 6 A(l) of the Act. The second proviso to the aforesaid section clearly gives liberty to the petitioner to exercise his option to pay fine in lieu of confiscation and in the event the owner/petitioner exercises that option, the Collector has to pass orders accordingly.