GOBIND ENTERPRISES, SIRHIND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed challenging the confiscation order dated 13.10.2017, passed by Market Committee, Bassi Pathana.

(2.) Respondents No. 2 to 4 are the statutory authorities under the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as 'the Act').

(3.) The petitioner is carrying on business of sale and purchase of byproducts of rice shellers in the State of Punjab. 'Nakku'/broken rice is purchased within Punjab and from outside the State of Punjab. The petitioner is not a licencee under the Act. The petitioner had taken premises on rent from M/s Thabal Rice and General Mills, Village Rasulpur, Bassi Pathana. Goods were stored in the rented premises. The officers of Market Committee, Bassi Pathana, on 14.09.2017 conducted a physical verification of the premises. The goods worth Rs. 41,10,997/- were found. A show cause notice dated 20.09.2017 was issued stating that the petitioner is liable to deposit market fee/RDF on the stock found during verification. On failure to deposit, the stock was liable to be seized. Petitioner filed reply dated 21.09.2017. The respondents, after considering the reply, reiterated the demand. Petitioner was directed by notice dated 25.09.2017 to deposit the fee, interest and penalty, failing which the stock was to be seized. Reply dated 29.09.2017 was filed raising the issue that 'Nakku' is not an agriculture produce. Petitioner received letter dated 04.10.2017 from the respondents that his failure to obtain valid licence and to deposit fee results in confiscation of rice (broken).