PREM RATAN MALL Vs. COLLECTOR

JUDGEMENT

(1.) THIS is a revision filed against an order of the Sessions Judge, Ganjam Boudh, passed in an appeal under Section 6 -C of the Essential Commodities Act (hereinafter referred to as the 'Act') confirming the Order of the Collector of Ganjam confiscating the kerosene oil seized from the petitioner but setting aside the imposition of fine, of Rupees 100/ - in the following background: The petitioner is a wholesaler of kerosene. His business premises situate at Aska Road within Berhampur town was raided by Chatraput Civil Supplies staff on 5.7.1974 at 7 p. m. The raid revealed that the petitioner was in possession of 19,000 litres of kerosene whereas in the Stock Register it was shown to be 16,344 litres. Thus, there was an excess of about 2000 litres of kerosene oil. Accordingly a report was made and the Collector, Ganjam took action under Section 6 -A of the Act and finally confiscated the kerosene and imposed a fine of Rs. 100/ - in as much as the petitioner appeared before him but did not show cause on several occasions. As against this order, an appeal was filed before the Sessions Judge under Section 6 -C of the Act and he by his order set aside the imposition of fine. It is as against that order that this revision has been filed.

(2.) IT was contended by Mr. Mohanti, the learned Counsel for the petitioner that the mandatory provision of the law, namely a notice as contemplated under Section 6 -B of the Act has not been issued and therefore the proceeding is vitiated. The lower Court's record has been called for. It reveals that no notice under Section 6 -B of the Act has been issued against the petitioner. It was contended on behalf of the State that since the petitioner had appeared before the Collector and had filed petitions through Advocate it would be deemed to be sufficient compliance of Section 6 -B and further there being no prejudice to him the order should not be interfered with.

(3.) I would, therefore, accept the revision, set aside the order of the Sessions Judge and remand the case to the Collector for disposal in accordance with law keeping in view the mandate envisaged under the statute. The revision is allowed. Revision allowed.