BHARAT JHUNJHUNWALA Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) In the present writ application, the order of confiscation dated 1-6-1987 (Annexure-4) has been impugned. Though, there provision of appeal, the petitioner moved this Court without availing the statutory appeal mainly on the ground that the constitution of the appellate authority was bad in law.

(2.) As several cases of this nature were pending before this Court and by an order dated 3-8-1987 a Division Bench of this Court directed this case to be listed after disposal of Cr. W. J. C. No. 163 of 1986 (R) or any other case that may be heard early. However, the operation of impugned order as contained in Annexure-4 was stayed. On 21-9-1990 the Division Beach considering the fact that the matter is pending since 1987, directed the petitioner to file appeal under Section 60 of the Essential Commodities Act and admitted this application.

(3.) Mr. Dayal has frankly submitted that pursuant to the direction of this Court whether any appeal was filed by the petitioner or not is not known to him inasmuch as no instruction has been received.