LALPARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS have challenged the order dated 26 -10 -99 passed by respondent No. 2, Deputy Commissioner, East Singhbhum, Jamshedpur by reason whereof he has confiscated the truck of the petitioners bearing registration No. BR -14G -8058 and HR -29 -A -7688 and directed for sale of the trucks in public auction.

(2.) PETITIONERS are the owner of the trucks. On the basis of report of the Marketing Officer, Jamshedpur, a case under Section 7 of the Essential Commodities Act (in short E.C. Act) was instituted against one Amarjeet Singh, Devendra Prasad Agarwal and the drivers of the trucks as aforesaid.

(3.) A counter -affidavit has been filed by the respondents stating inter alia that the trucks in question were carrying goods like sugar for which no document could be produced when required by the Marketing Officer, Jamshedpur. It is stated that the petitioners being the owners of the vehicle did not filed show cause and consequently final order of confiscation was passed by respondent No. 2.