ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred by the petitioner to direct the respondents to return the goods, as were seized by respondents No. 3 to 5 in connection with Barhi P.S. Case No. 117 of 1997, dated 3rd October, 1997, with interest under Section 6 -C(2) of the Essential Commodities Act ("E.C. Act", in short).

(2.) THE brief facts of the case are that the petitioner was carrying on business in the name and style of Satyam Enterprises at Barhi in the district of Hazaribagh. He was holding valid wholesale Licence No. 10/96 to deal in edible oil, sugar and foodgrains. The respondents made an inspection on 3rd October, 1997 in the shop premises of the petitioner in presence of sub - Divisional Officer, Executive Magistrate, Commercial Taxes Officer, Block Supply Officer, Supply Inspector and other officials of Supply Department. During Inspection several articles were seized on the ground that the petitioner was indulged tax evasion of Bazar Samiti, black -marketing and hoarding, punishable under Section 7 of the Essential Commodities Act and accordingly, one first Information Report was lodged, registered as Barhi P.S. Case No. 117 of 1997, under Section 7 of the E.C. Act, read with Section 33(5) of the Bihar Finance Act and Section 120B of the Indian Penal Code.

(3.) THE petitioner at that stage moved before this Court in Cr WJC No. 166 of 1997(R), wherein a bench of this Court vide order dated 23rd October, 1997 directed to release the articles, except sugar and edible oil, including Vanaspati. The petitioner while filed show cause before the authorities on 24th October, 1997, the Deputy Commissioner vide order dated 20th November, 1997 confiscated the goods under Section 6A of the Essential Commodities Act and directed the Sub -Divisional Officer to sell the same within a week and to deposit the sale proceeds in the treasury. In pursuance of the aforesaid direction of the Deputy Commissioner, the Local Administration tried to sell the goods, stated to be in the lesser price than the prevailing market, for which the petitioner had to move this Court in CWJC No. 3543 of 1997(R) which was disposed of an 18th February, 1998 on the assurance of the Government Advocate that the goods shall be sold at the market price through fair price shop.