STATE OF ASSAM Vs. MONGLUNIA AND CO

JUDGEMENT

(1.) This petition under Article 226 read with Article 227 of the Constitution of India by the State of Assam has assailed the judgment and order dated 10-6-1982 passed by the Sessions Judge, Kamrup, Gauhati (Judicial Authority) in Criminal Appeal No. 41 (K-4) of 1981 setting aside the order of confiscation dated 17-6-1981 passed by the AddI. Collector Cum-AddI. Deputy Commissioner, Kamrup, Gauhati exercising power under section 6(A) of the Essential Commodities Act.

(2.) The allegation was that the respondents carried on business of essential commodities without licence under the Assam Paddy and Rice Procurement (Licencing and Levy) Order, 1980 and the Assam Pulses, Edible Oil Seeds Dealers (Licensing and Control) Order, 1977 and the supply staff seized Essential Commodities of that firm on 12-1-1981. The sale proceed of the commodities amounting Rs. 2,16,933.50 p. was kept under revenue deposit pending enquiry under section 6(A) of the Essential Commodities Act for confiscation. The AddI. Collector-Cum AddI. Deputy Commissioner vide order dated 17-6-1981 confiscated the sale proceeds. Thereupon, the Respondents, preferred appeal before the District & Sessions Judge under the provision of section 6C of the Essential Commodities Act.

(3.) The only ground for confiscation was that the Respondents carried the business of Essential Commodities without obtaining licence from concerned authorities. The defence plea in the confiscation proceeding was that they celebrated Maharat ceremony of the firm on 27-7-80 and immediately thereafter a petition affixing proper court fee stamp was submitted for a licence in Form A under the Assam Pulse, Edible Oil Seeds, Edible Oil Dealers (Licencing and Levy) Order, 1977; and another petition dated 28-7-80 affixing necessary court fee was submitted for granting dealership licence under the Assam Paddy and Rice Procurement (Licence and Levy) Order 1979; and that the supply authority made enquiry on those petitions and submitted Report stating that the Respondents had fulfilled the conditions and became eligible to get licences and recommended their case and that supply staff gave understanding to carry on their business pending issue of necessary licences; and that Respondents started the business by maintaining accounts and by exibiting the stocks and price lists at the prominent place as required under the rules; and that daily return of stocks and sales were submitted to the supply staff visited the shop from time to time and verified the affairs of the business/stock registers etc.