PANKAJ KUMAR NATH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. S.S. Dey, the learned Counsel appearing for the petitioners. Mr. J. Handique, the learned Government Advocate appears for the State Authorities. The petitioners have common interest and accordingly same submission is advanced on their behalf by Mr. Dey. The trucks of the petitioners were engaged by the Indane LPG Bottling Plant, Silchar of the Indian Oil Corporation Ltd. to carry LPG Cylinders to Mizofed at Kolasib, Mizoram. Separate Dispatch Note(s) for each of the 4 trucks was issued at the loading point. While in transit, the laden trucks were stopped by the officials of the Food & Civil Supplies Department of Cachar District (respondent No.2 & 3) and since discrepancy in the LPG Cylinders carried by the trucks and in the Dispatch Note were noticed, the trucks along with the loaded LPG Cylinders were seized by the Superintendent of Food & Civil Supplies, Silchar on 5.6.2011.

(2.) PURSUANT to the proceeding drawn up under the Essential Commodities Act, 1955 (hereinafter referred to as "the EC Act"), the Collector, Silchar on 23.12.2011 passed an order on 23.12.2011 for confiscation of the trucks seized on 5.6.2011. In his order, the Collector recorded that Liquefied Petroleum Gas from the loaded Cylinders were transferred to empty Cylinders by tampering with their seals and observing that the vehicle owners failed to establish that they were unaware of the activities of the drivers/handyman of the trucks, all the trucks were directed to be confiscated to the State. Simultaneously the track owners were given the option to pay the fine of Rs.4 lakhs as specified by the Collector, in his order dated 23.12.2011.

(3.) MR . Dey refers to the Offence Report (Annexure -2) dated 7.6.2011 prepared by the Superintendent, Food Civil Supplies and Consumers Affairs, Silchar to project that each of the trucks had carried the same quantity of LPG Cylinders from the Bottling Plant and accordingly he submits that the value of LPG carried by each of the violators can at best be Rs.97,488/ - for each truckload of LPG in 306 cylinders.