K.C.AGRAWAL, J. - (1.) Through this petition, the petitioners, sought quashing of the order dt. 11-11-1985 passed by the Additional District Magistrate under sub-sec. (2) of S.6-A of the Essential Commodities Act directing for the sale of rice seized from truck Nos. PBsN 4857 and HPG 2204 numbering 280 bags.
(2.) The argument was that the Additional District Magistrate was obliged to give an opportunity of hearing before passing the impugned order and as no hearing has been given, the same order is invalid.
(3.) For this purpose, we may quote sub-secs. (1) and (2) of S. 6-A of the Essential Commodities Act, which read as under:- "6-A. (1) Where any essential commodity is seized in pursuance of an order made under S.3 in relation thereto a report to this effect shall, without any unreasonable delay, be sent to the Collector of the district in which the seizure is made and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of - (a) the essential commodity so seized; (b) any package, covering or receptable in which such essential commodity is found; and (c) any animal, vehicle, vessel of other conveyance used in .carrying such essential commodity: Provided that, without prejudice to any action that may be taken under any other provision of this Act, no food grain or edible oil-seeds seized in pursuance of an order made under S.3 in relation thereto from a producer shall, if the seized food-grains or edible oilseeds have been produced by him, be confiscated under the section: Provided further that where any animal, vehicle, vessel or other conveyance is used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-sec. (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to do, he may order the same to be sold at the controlled price, if any, fixed under any law for the time being in force, or where no such price is fixed by auction : Provided that in the case of foodgrain where there is no controlled price, the Collector may order the foodgrains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government as the case may be, for the sale of such foodgrains to the public through these shops: Provided also that wherever it is practicable so to do having regard to the nature of the essential commodity he shall take and preserve sample of the same before its sale or auction".;