KSHYEMA KARAN GIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ application challenges the legality of the order in Annexure -3 passed by the Collector, Keonjhar in a proceeding under Section 6A of the Essential Commodities Act directing confiscation of 11,180 litres of kerosene oil and also directing for sale of the seized kerosene oil as well as the order passed by the learned District and Sessions Judge, Keonjhar dismissing the Criminal Appeal filed against the said order of confiscation.

(2.) THE case of the petitioner is that he was functioning as Kerosene Sub -wholesaler at Bhanda in Champua Block in the district of Keonjhar. On 30.1.2006, the Sub -Divisional Enforcement Squad inspected the business premises of the petitioner, verified the records and found shortage of 40 litres of kerosene oil. Having found shortage of 40 litres of kerosene oil, the entire stock of 11,180 litres of kerosene oil were seized and given in zima of the President of Mahalaxmi W.S.H.G. Group, Mundusahi, Bhanda. Upon seizure of the said stock, the Inspector of Supplies, Champua submitted the report before the Collector, Keonjhar alleging contravention of Clauses 8, 9 and 10 of P.D.S. Control Order, 2002. On receipt of the report of the Inspector of Supplies, Champua, the confiscation proceeding under Section 6A of the Essential Commodities Act was initiated and the petitioner was directed to submit his reply. The petitioner submitted his reply in Annexure -2 and, thereafter, the impugned order in Annexure -3 was passed by the Collector confiscating the seized kerosene oil. The Criminal Appeal filed by the petitioner before the learned District and Sessions Judge, Keonjhar was also dismissed in, Annexure -4 which has given rise to the present writ application.

(3.) THE learned Counsel appearing for the State submitted that during inspection of the business premises of the petitioner 40 litres of kerosene oil had been found to be short. On examination of the records, it revealed that the self -help group dealing with P.D.S. had not lifted any stock on 29.1.2006 but the wholesaler had shown issue of 2000 litres of kerosene oil against the retailer. The President of the said self -help group has stated that she had received 1,100 litres of kerosene oil on 30.1.2006 against 1200 litres shown by the sub -wholesaler. Accordingly, the Inspector of Supplies reported that the sub -wholesaler had made false entries in the stock register, which was detected at the time of raid. Accordingly, there has been contravention of Clauses 8, 9 and 10 of the Control Order, 2002. On consideration of the above materials, the Collector not only directed for confiscation of kerosene oil but also the Criminal Appeal filed by the petitioner before the learned District and Sessions Court, Keonjhar was rejected.