MAHENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the Court.-This is a very peculiar case which shows high-handedness of the Deputy Commissioner, Garhwa.

(2.) The petitioner has prayed for quashing the order, dated 11.9.1998 passed by respondent No. 2 Deputy Commissioner, Garhwa in Misc. Case No. 34/98 whereby he has initiated a proceeding under Section 6-A of the Essential Commodities Act, 1955 for confiscation of the seized goods and further prayer has been made for release of the commodities in favour of the petitioner. It appears that on 9.9.1998 respondent No. 3 Block Supply Officer, Nagaruntari inspected the house of Ram Prasad Sab and seized the edible oil on the alleged violation of control order on the ground that he had stored commodities without any valid licence. The Sub-Divisional Officer thereafter intimated the Deputy Commissioner regarding seizure of the commodities and recommended for initiation of the confiscation proceeding. Consequently, a notice was issued by the Deputy Commissioner under Section 6-B of the said Act. Pursuant to that notice, Ram Prasad Sao appeared before the Deputy Commissioner and stated that he has no concern with the seized goods and in fact, this petitioner is the owner of the goods. Petitioner also appeared and filed petition before the Deputy Commissiner stating inter alia that he is retail licensee and he holds valid licence and he was present at the time of search. Petitioner further took stand that provisions of Trade Articles have been repealed by the Central Order and no case is made out for violation of any Central Order. The Deputy Commissioner, Garhwa sat tight over the matter and did not pass any order on the application filed by the petitioner for release of the articles Petitioner then moved this Court by filing this writ application challenging the validity of the initiation of the confiscation proceeding. This Court after hearing the counsel for the petitioner and the State Counsel passed the following order on 9.2.1999, which reads as under : "From the pleadings made by the petitioner, it appears that the petitioner has already moved before the Deputy Commissioner, Garhwa vide Annexure 4/1, dated 21.9.1998. However, no order has been passed on such application by the Deputy Commissioner, Garhwa. On the facts and circumstances, I direct the Deputy Commissioner, Garhwa to decide the aforesaid application preferred by petition on 21.9.1998 as contained in Annexure 4/1 and pass an order therein immediately but not later than a period of one month from the date of receipt/production of a copy of this order. The petition at Flar 'A' stands disposed of. Counsel for the State may also obtain instruction and file counter-affidavit within four weeks.

(3.) Again the matter was listed on 25.1.2000 and this Court passed the following order which reads as under :