BIMAL KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. S.L. Agarwal, learned counsel for the petitioner and Mr. Pradeep Modi, learned G.P. -I for the respondents.

(2.) THE writ petitioner is aggrieved by the order dated 26/10/1999 (Annexure -3) passed by the respondent No. 2 in Revenue Miscellaneous Case No. 86/97 -98 by which he passed an order of confiscation under the provision of Section 6A of the Essential Commodities Act. The short facts which are necessary to be taken note of for the adjudication of this case is that pursuant to an inspection in the business premises of the petitioner on 22.12.1997, certain irregularities were detected and consequently, the stock -in -trade were seized and an F.I.R. was lodged with the police under Section 7 of the aforementioned Act. Thereafter, a confiscation proceeding was initiated on the basis of the report sent to the Deputy Commissioner by the Special Officer (Ration), Jamshedpur and by an order dated 29/12/1997, the Deputy Commissioner initiated the confiscation proceeding which was registered as Revenue Miscellaneous (Confiscation) Case No. 86/1997 -98. Upon notices having been received, the Petitioner appeared and filed his cause and took defences to which he was entitled to in accordance with law. It has been stated at Paragraph -9 of the Writ Application that the matter was heard in January, 1999, whereafter, orders were reserved by the Deputy Commissioner and on 26/10/1999, he dropped the proceeding in respect of Pulses but confiscated Wheat products, Maize and Rice on grounds mentioned in the said order.

(3.) CONSEQUENTLY , the order dated 26.10.1999 is quashed and the Deputy Commissioner is directed to act in terms of Section 6(c) (ii) and if any bond etc. had been executed, then the same should be discharged.