G D PARMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three applications have been filed by the petitioners under Articles 226 and 227 of the Constitution of India for confiscation proceeding in respect of the seized coal. The questions of fact involved in all these applications are the same and so with consent of the parties all these applications were heard together and are being disposed of by this common judgment.

(2.) It appears that on 15-5-1981 at about 6 a. m. during the investigation of some case of Katras P. S. Case No. 169/81 under Sections 414/120-B I. P. C. and 7 E. C. Act, a raid was conducted in the premises of Suvinita Agencies, a hard Coke Bhatha. near Rajpura Colliery of B. C. C. L. under the Katras Police station and the coal of different grades totalling around 790 tonnes valued approximately rupees six lakhs sixty nine thousand two hundred was recovered, as there was no proper display of stock position exhibited in the premises of the said firm as required under the Bihar Essential Articles (Display of Price and Stock) Order, 1977 (in short 'order of 1977) so it was said that it was punishable under section 7 of the Essential Commodities Act.

(3.) A report to this effect was sent to the Deputy Commissioner, Dhanbad, for starting confiscation proceedings on this ground saying that during the investigation the Sub-Inspector of Police, Rajganj, had ascertained that these coals were illegally brought to the city from different sources of B. C. C. L. and the officials of the B. C. C. L. also claimed that these grade of coal were available in their colliery and further that no owner, proprietor or the agent of the said firm could produce any valid papers in support of their claims for the coal nor was there any valid paper regarding the possession of the seized coal. So a prayer was made to start a proceeding under Section 6-A of the Essential commodities Act. On this application proceedings for confiscation were started and notices were issued to the petitioners to show cause against which the peti-tioners have come to this Court and these three applications have been tiled.