KHAN BROTHERS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -In this case, the petitioners have prayed for following reliefs:-

(2.) Petitioner No.1 is a sole proprietorship firm whereas petitioner No.2 is its sole proprietor carrying on dealership business in levy cement. They have challenged the illegal, arbitrary, high-handed, malafide and malicious acts of the respondent authorities of Food and Supplies Directorate/Department and Enforcement Branch of the Police. While dealing with non-levy cement business, they received 100 M.T. (2000 bags) of levy cement on 5.5.1985 and 6.5.1985. After delivery of the cement to the petitioner, Sub-Divisional Controller (Food and Supplies) issued an order permitting them to sell the above cement at the rate of Rs. 59.90 per bag. Few days after getting the order for sale of cement, unfortunately, the respondent No.6 and 7 who were the Inspectors of Police, Special Branch conducted search and seizure in the petitioners' godown and seized 1583 bags of cement falsely showing that there was a shortage of 21 bags of cement. After such seizure they prepared the seizure list of 1562 bags of cement and lodged FIR. at the local Police Station, vide Jaynagar P.S., case No.10 dated 15th June, 1985 under section 7(i)(a)(ii) of the Essential Commodities Act, 1955. After such seizure the respondent No.6 and 7 had placed those cement bags under the Zimma of respondent No.8 Abdul Matim Laskar.

(3.) Subsequently, a report of seizure of cement was, however, sent under section 6(A) of the E.C. Act to the Collector and prayer was made therein for interim sale under section 6(A)(2) of the Act and for direction to keep the sale proceed of the cement deposited with the treasury. They moved to the E.C. Collector for sale of the article on the ground that the articles were highly prone to deterioration if they were stored for a longer period. It was honestly estimated Rs. 90,000/- approximately. The E.C. Collector in Misc. Case 28 of 1985 issued a show-cause notice to the petitioners calling upon them as to why the seized cement would not be confiscated under section 6(A) of the E.C. Act. On 9th October, 1985, E.C. Collector was, however, inclined in the case 28 of 1985 to direct the Sub-Divisional Controller (Food and Supplies), Alipore Sadar, 24 Paraganas to take immediate step for disposal of the seized cement in accordance with law and to deposit the sale proceeds in Alipore Treasury on or before 2nd January, 1986. The Investigating Officer were also directed to render all such assistance if needed by Sub-Divisional Controller (Food and Supplies), Alipore Sadar. Although the case suffered many adjournment, neither the Investigating Officer nor the Sub-Divisional Controller (Food and Supplies), submitted any report of compliance of the order dated 9.10.1985. Since no step was taken either by the Investigating Officer or the Sub-Divisional Controller (F & S), the petitioners complained to the E.C. Collector of their intentional and deliberate inaction whereupon E.C. Collector directed on 7th June, 1986, S.P. (Head Quarter) Enforcement Branch for immediate compliance of the order dated 9.10.1985 and to submit the report on 3.7.1986. The Sub-Inspector, Enforcement Branch had however, submitted a report on 21st August, 1986 by stating that 105 bags of cement were already sold and balance cement bags were being bad quality, those were turned into stone.