Paritosh Kumar Mukherjee, J. - (1.) This Writ petition was moved before this Court on September 5, 1988, challenging the search and seizure and Initiation of criminal proceeding on the basis of the First Information Report, which1 is Annexure A to the Writ petition.
(2.) It appears from the First Information Report lodged by Amritalal Sinha Roy, Sub-Inspector of Police, District Enforcement Branch, Hooghly, dated August 18, 1988, that on the date of seizure as per stock register total stock No. 1113.10 Kgs. of mustard seeds but 153 quintals of mustard seeds have been shown entered twice on April 1, 1988. So 153 quintals of mustard seeds have been shown in excess. Oo physical verification it was found 1077.80 Kgs. So there is excess of mustard seeds 117 quintals 70 Kgs. On physical verification he found 30 Kgs. excess mustard oil and he could not maintain the account and other registers and stock board properly and so he violated the provision of para 3(2)(3) of the West Bengal Declaration of stock and Prices of Essential Commodities Order, 1977 read with item VIII para 3 (2) of section 3(1) of West Bengal Declaration of stock and prices of Essential Commodities Act.
(3.) This Writ petition, although was admitted by this Court, on September 5, 1988, and thereafter Mr. Amal Kumar Basu Choudhury, learned Advocate, appeared on different occasions on behalf of the State and took time to file affidavit-in-opposition on different dates from September 20, 1988 to September 27, 1988, and ultimately on the subsequent date on 21st September, 1989, this Court, being satisfied that there is a strong prima facie case in favour of the petitioner, issued further interim order directing the respondents to release the seized articles on furnishing security to the satisfaction of the authorities by way of personal bond or Bank guarantee that may be acceptable by ti e said Authorities, within a week from communication of the said Order.;