RAMANAND KEJRIWAL Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ application under Articles 228 and 227 of the Constitution is for quashing the order, dated 24-2-1986 whereby and where under in exercise of powers under Section. 6-A of the Essential Commodities Act the Deputy Commissioner, Singhbhum (Respondent No. 2) has passed an order of confiscation in respect of certain articles seized from the godown belonging to the petitioner. Another application by the petitioner under Sec. 482 of the Code of Criminal Procedure is for quashing the order, dated 4-8-1986 taking cognizance of offences under Sec. 7 of the Essential Commodities Act in connection with G.R. Case No. 07 of 1986 corresponding to Chakardharpur P.S. Case No. 0098 of 1985. These two applications have been heard together and are being disposed of by this common judgment,

(2.) The confiscation order and the order taking cognizance arise out of the same set of facts which may be briefly stated as follows :

(3.) On Oct. 2, 1985 the Marketing Officer, Incharge, Chakardharpur (respondent No. 3) submitted a written report pursuant to an inspection of a godown's maintained by the petitioner. In this report it was stated that the petitioner maintained a godown in a premises other than the one mentioned in his dealor's licence. On an inspection of the godown it was found that various articles enumerated in the report had been stocked there. It was also found that on the premises from where the petitioner conducted his retail shop, there was not display board stating the stock position and prices of commodities. The articles found in the godown were seized and a proposal was made for the initiation of a proceeding for the confiscation of the seized goods. On the basis of this written report, a formal first information report was also drawn up and a criminal case, registered as Chakardharpur P.S. Case No. 0098/1985, was, instituted. This gave rise to G.R. Case No. 07/1985 in which the Special Judge (B.C. Act) at Chaibasa by order dated 4-8-1986 took cognizance of offences under Sec. 7 of the Essential Commodities Act. This order comes under challenge in the quashing application under Sec. 482 of the Code of Criminal Procedure. The confiscation proceeding finally resulted in the order, dated 12-10-1985 whereby and where under excepting one bag of 'Golki' all the articles seized in course of the inspection of the godown were confiscated and were directed to be auction sold. A photo copy of the certified copy of the order has been enclosed as Annexure-8 to this writ petition.