AKSHAYA KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioners and the learned.

(2.) THIS CRLMC is being disposed of at the stage of admission of the consent of Learned Counsel for both parties.

(3.) THE brief fact of the case is that the Petitioner No. 2 was the Kerosene Sub -wholesaler of Patrapur under all block in the district of Kendrapara and Petitioner No. 1 is her husband and it is alleged that Petitioner No. 1 was in -charge of Kerosene Sub -wholesale point. A raid was conducted in the business premises of the Petitioners and a number of irregularities were detected. It was further found that there was black marketing of kerosene to the tune of 2400 liters after making false entries in the sale account, issuance of excess or less quantity of kerosene to PDS dealers than the actual quantity allotted in their favour, tampering with cash memo, discrepancy of 1200 liters of kerosene in the tally register vis -a -vis the sale register of retailer Niranjan Panda. On the basis of these materials detected prosecution report (Annexure -2) was filed and the Collector, Kendrapara was pleased to confiscate the sale proceeds of the seized stocks of kerosene to the tune of Rs. 11,184/ - and deposit the same in the Government treasury. The said Collector vide his order dated 14.11.2005 observed that the show cause reply which was filed by the Petitioner No. 2 in the confiscation proceeding was logical as well as cogent and that she was exonerated of all the charges under Section 6 -A of the Essential Commodities Act 1955 proceeding and the State Enforcement squad report. The Collector further ordered issuing direction to the Civil Supply Officer, Kendrapara to refund the books of account of Petitioner No. 2 and also that cost of 1217 liters of kerosene oil vide Annexure -3. The succeeding Collector after taking over the charge again cancelled the sub -wholesale licence of Petitioner No. 2 vide his order dated 22.03.200 and the Petitioner preferred an Appeal before the Commissioner -cum -Secretary, Food Supplies and consumer Welfare Department, Government of Orissa vide Appeal No. 52 of 2006 and vide order dated 19.05.2007 the order of the Collector, Kendrapara was set aside and it was observed that the renewal of licence of Petitioner No. 2 shall be considered in accordance with OPDS (Control) Order, 2002 vide Annexures 4 & 5 respectively.