AMOD KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, Amod Kumar Jaiswal has come to this Court against ths order dated the 28th of December, 1982 passed by the District Magistrate, Vaishali at Hajipur in case No, 12 of 1982 under 6-A of the Essential Commodities Act and also against the order dated the 3rd of December, 1983 passed by the Food Commissioner, Bihar, Patna confirming the order of the learned District Magistrate, in Confiscation Appeal No. 9 of 1983. The Food Commissioner was appointed as a judicial authority by the State Government.

(2.) In brief, the case is that on 9-7-1982 the bussiness premises of the petitioner was inspected wherefrom 220 quintals of coal were recovered and it was ascertained from the stock register and display board. The carbon copy of the cash memo shwod that the petitioner was charging Rs. 19.13 paise for 40 kgs. of coal whereas the fixed price was Rs. 18,50 paise. It was also found that petitioner had no licence as it has already been cancelled on the 13th of April, 1982 by the Sub-divisional Officer.

(3.) The petitioner said that he had no information about the cancellation of his licence, price of the coal at Rs. 18.50 paise for 40 kgs. and also about reduction of the price at Rs. 18.50 paise. The District Magistrate did not accept the contention of the petitioner though the learned A.P.P. has conceded that the information about the cancellation of the licence had not been served upon the petitioner. As regards the service of the notice about the re-fixation of the price of coal at Rs. 18.50 paise, the learned District Magistrate held that the notice has been displayed on the notice board and so, the petitioner was expected to know about the same,