D.P.Sengupta, J. - (1.) In the present application the petitioner has prayed for quashing of proceeding being Special Court Case No. 11/98 under section 7(1)(a)(ii) of the Essential Commodities Act pending in the Court of the learned Judge, Special Court (E.C.) Act, Jalpaiguri.
(2.) Joygaon P.S. Case No. 37 dated 24.4.98 under section 7(1)(a)(ii) of the E.C. Act was registered on an allegation that a truck loaded with 120 quintals of rice was seized by police at Bhutan border. On demand the driver could not produce any valid challan for the possession and transportation of the said rice. No permit under Form 'D' as required by paras 8 and 9(1) of the W.B. Rice and Paddy Control Order, 1997 could be produced and as such the aforesaid case was registered for violation of paragraphs 8 and 9(1) of the West Bengal Rice and Paddy (Control) Order 1997.
(3.) It is the contention of the learned advocate appearing for the petitioner that rice was never procured from the State of West Bengal nor it was being exported or transmitted from the State of West Bengal. So the provision of the Control Order as aforesaid is not at all applicable in the present case. According to the petitioner's learned advocate, only to reach the destination, i.e., Bhutan from the place of the consignor, i.e. Uttar Pradesh, the route through the State of West Bengal was being used and on the way the truck was intercepted by the police.;