SHYAMSUNDAR AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed for quashing of confiscation order dated 31.3.1989 passed by the Collector, Bhagalpur, in E.C. Act Case No. 82/88-89 exercising power under sections 6-A of the Essential Commodities Act confiscating rice, wheat, pulses, etc. seized from the business premises of the petitioner on 30th July, 1988 alleging violation of the provisions of Bihar Essential Articles (Display of Stocks and Prices) Order, 1977, and Bihar Trade Articles Licences (Unification) Order, 1984.

(2.) It appears that on 30th July, 1988 a D.S.P., C.I.D. Inspector of Police, C.I.D. (Food) led a raiding party comprising of a number of (Food), raided petitioners business premises and seized certain quantities of rices, wheat, pulses etc. on the ground of violation of the provisions of the orders referred to above. In due course F.I.R. (Annexure 2) was lodged by one of the Police Inspector, C.I.D. (Food), Bhagalpur, who was member of the raiding party. Subsequently, confiscation Case No. 82/88-89 was initiated against the petitioner and by order dated 31st March, 1989, the seized food grains were confiscated (Annexure 4).

(3.) Learned counsel for the petitioner has challenged such confiscation order on the ground that the entire seizure by a D.S.P., C.I.D. (Food) or an inspector of Police, C.I.D. (Food) is illegal and without jurisdiction. Neither the D.S.P., C.I.D. (Food) nor Inspector of Police, C.I.D. (Food), who lodged F.I.R. was legally competent to make search and seizure as none of them was empowered to do so on 30th July, 1988, by the State Government before 28th July, 1992. Inviting court attention to Bihar Gazette (Extraordinary) dated 28th July, 1992, he has submitted that the Deputy Superintendent of Police, C.I.D. (Food) and Inspector of Police, C.I.D. (Food) have been empowered to make search and seizure under G.S.R. 31 dated 28th July, 1992.