- (1.) In this writ petition the writ petitioners have essentially challenged a criminal proceedings against the petitioners- initiated by the Enforcement Branch of Police, West Bengal under the provisions of West Bengal Rice Mill (Control and Levy) Order; 2005 issued by the Government of West Bengal in exercise of its power under section 3 of the Essential Commodities Act 1955. The chief ground on which the above challenge is based is that the West Bengal Rice Mill (Control and Levy Order) 2005 (shortly called, the 'Control Order') was not even in force or in existence on the dates when the search took place at the Office of the first petitioner, a Co-operative Society and about 415 bags of rice were ceased amongst other items by the officers of the said Enforcement Branch and subsequently, the police case was registered against the Directors of the first petitioner.
(2.) The case as made out in the writ petition proceeds on the basis that on 23 August, 2006 the concerned police officers of the Enforcement Branch searched the Office premises of the first petitioner and on 24 August, 2006 they ceased amongst other items about 415 bags of rice and on 25 August the officers concerned lodged an FIR and registered a case, namely Pataspur P. S. Case No. 64 of 2006 against the Directors of the first petitioner, namely the said Co-operative Society.
(3.) Challenging the above action the petitioners initiated a writ proceedings in this Court and on 21 September, 2006 this Court passed an order whereby the concerned police authority empowered under the above Control Order was permitted to carry on investigation but they were restrained from taking any penal action until further order.;