SINGLA BROTHERS SOLAN Vs. THE SPECIAL TRIBUNAL ETC.

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India the Petitioners have prayed for quashing the order, dated 11 -9 -1975, whereby the Special Tribunal has ordered the confiscation of 435 bags of rice to the State Government as a result of Conviction and sentence passed on Kamal Kapur and Ishwar Chand partners of Mahavir Trading Co., Solan for having contravened the provisions of Rule 114 of the Defence and Internal Security of India Rules, 1971 (hereinafter called the rules).

(2.) According to the Petitioners they had imported 2925 bags of rice from different dealers of Punjab against valid permits of import issued by the State of Punjab and these consignments of rice were received at Railway Station, Solan, on 18th, 21st, 22nd, 27th, and 29th April 1975, and 9th, 16th and 18th May, 1975. The Petitioners had only two godowns at their disposal and because of the arrival of huge quantity of rice they had to hire two additional godowns for the purpose of rice so imported. One of the godowns was taken on lease by the Petitioners from Messrs Mahavir Trading Co., The Mall, Solan. The Petitioners kept 640 bags of rice in the godown leased by them and they had made the relevant entries in the register of food -grains, the copy of which is Annexure 'A' to the writ petition out of this stock the Petitioners had sold 205 bags and there were only 435 bags of rice left in the godown. A raid was conducted on July 8, 1975, on Messrs Mahavir Trading Co. and a case was registered under Rule 114 of the rules against Messrs Mahavir partners Kamal Kapur and Ishwar Chand. It was averred in that complaint that M/s Mahavir Trading Company and its members had contravened the provisions of the Himachal Pradesh Commodities Price Marketing and Display Order, 1975 (hereinafter called the order). As soon as the case was registered against the aforesaid firm the Petitioners filed an application on July 9, 1975, before the Chief Judicial Magistrate, Solan stating that the stock of 435 bags of rice lying in the premises of Mahavir Trading Co., Solan belonged to the Petitioners and they accordingly applied for the release of the same. The allegations of the prosecution against M/s Mahavir Trading Co. were that 435 bags of rice and 17 bags of salt were found in their godown but the price of the same was not displayed in the price list. The Petitioners made an application before the Tribunal also for the release of 435 bags as the same belonged to them. The Tribunal passed the following order:

(3.) The learned Advocate -General has supported the order of the Tribunal and has further pleaded that the Petitioners have got no locus standi to file this application challenging the order of the Tribunal whereby the rice has been ordered to be confiscated to the State.