RABINARAYAN SAHU Vs. COLLECTOR & DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ petition involves a request for quashing of a proceeding vide EMC No.24 of 2010, a proceeding under the Essential Commodities Act read with Orissa Kerosene Control Order, 1993.

(2.) Short background involving the case is that on the night of 24/25.2.2010, the raiding party under the leadership of S.I, Aska when were on duty, the driver namely Naba Mohanty driving truck bearing Regd. No.OR-07-T-4077 belonging to the petitioner was coming from K.S Nagar side moving towards Aska, the raiding party detained the vehicle involved on the premises of transportation of kerosene oil unauthorisedly. The S.I., Aska after seizure of the truck took the truck with the driver to the police station, arrested the driver as a consequence of such search and seizure submitted an FIR vide Annexure-1. Seizure list was prepared vide Annexure-2. On the basis of F.I.R, a case was registered involving the petitioner and his driver under Section 7 of the Essential Commodities Act for violation of provision at Section 3 of the Essential Commodities Act and also the provisions of the Orissa Kerosene Control Order for initiation of proceeding under the provisions mentioned therein.

(3.) Challenging the initiation of such proceeding, filing the writ petition, Miss Mohapatra, learned counsel for the petitioner contended that for the involvement of a search and seizure by incompetent persons and the search and seizure remaining contrary to the provisions contained in Orissa Kerosene Control Order, the search and seizure both remain bad. Miss Mohapatra also contended that the proceeding initiated also becomes bad for the reason of a proceeding undertaken through repealing provision involving Kerosene Control Order which has been repealed on introduction of Orissa Public Distribution System (Control) Order, 2008. While seeking quashing of the proceeding vide EMC No.24 of 2010. Miss Mohapatra, learned counsel for the petitioner also attempted to satisfy this Court on the merit involving the matter. In support of her such contention Miss Mohapatra also relied on a decision of this Court in the case of Rajendra Prasad Gupta Vs. Collector and District Magistrate Balasore and others,2010 1 OrissaLR 201 in W.P.(C ) No.12796 of 2009 disposed of on 24.12.2009.