AYA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Cr. Writ has been filed for quashing the seizure as well as the confiscation proceeding in Revenue Misc. Case No. 48 of 1987-88, in the following circumstances.

(2.) It is the admitted position that the petitioner is a petty shop-keeper and on 12-11-1987, officers of the Supply Department has made inspection of some business premises situated in Sakchi Market, known as Daud building. In the instant case, it was found that the price list and the stock position were not displayed as required under Clause 3 of the Bihar Essential Articles (Display of Prices and Stocks), Order, 1977, and thereafter the stock found in the shop were seized and confiscation proceeding, referred to above, was started against the petitioner.

(3.) It was submitted that the confiscation proceeding had started on the basis of non-existent fact and, therefore, the learned Deputy Commissioner had absolutely no jurisdiction to start the proceeding. It was also submitted that the seizure of the stock for non-display of price list and stock position is also illegal because admittedly at that time the business of the petitioner had not commenced. In the F. I. R. it is mentioned that during the raid, the shop was closed and thereafter it was sealed. The notice issued in the confiscation proceeding, vide Annexure 2, also supports this position that the shop at that time was closed.