BHAGWAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present first appeal has been filed by the appellant-plaintiff against the judgment and decree passed by the learned District Judge, Balotra dated 10.04.1985 passed in Civil Original Suit No. 12/79 "Bhagwan Das Vs. State of Rajasthan" whereby, the suit filed by the appellant-plaintiff was partly decreed.

(2.) As per facts of the case, on 23.09.74, the Enforcement Inspector made an inspection of the plaintiff's firm and found that the price and stock registers are not in prescribed forms and further found that price and stock is not shown on the price and stock board and thus contravened the provisions of Essential commodities Act, 1955 [hereinafter referred to as 'the Act of 1955']. The Enforcement Inspector prepared a stock list and seized all the goods and thereafter, filed an application before the Collector, Barmer to confiscate the goods and vide order dated 21.01.75, the District Collector, Barmer ordered to confiscate the goods.

(3.) The District Collector, Barmer also constituted a committee for auctioning the seized goods and the Committee constituted for auctioning of goods estimated the value as Rs. 25,000.00, however, the goods were auctioned for a sum of Rs. 5,125.00.