SHYAM KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing an order seizing 90 bags of levy sugar from the custody of the petitioner as well as the order initiating confiscation proceeding under the Essential Commodities Act.

(2.) Mr. Choudhary, S.N. Mishra drew our attention to Annexure 10, the notice, which does not set out the grounds of proposed confiscation beyond stating that the sugars have been seized for violation of the Essential Commodities Act, which are sought to be confiscated. The petitioner has been asked to show cause as to why it should not be so done.

(3.) It is now well established in law that for initiating a confiscation proceeding authorities must set out the grounds in order to give an effective opportunity to explain the alleged irregularities. In absence of statements of ground a person is denied a real and effective opportunity to show cause. This is not only the basic principle of natural justice, but also the requirement of section 6-8 of the Essential Commodities Act.