PINAKI CHANDRA GHOSE,J. - (1.) The appeal has been filed in this matter by the State of West Bengal challenging the order passed by the Hon'ble Single Judge on 20th May, 2011 when the Hon'ble Single Judge on an application being moved by the writ petitioners challenging the criminal proceedings initiated against the petitioner 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.
(2.) The foundation of the writ petition filed by the writ petitioner that the search and seizure took place on the basis of a Control Order which was published by the authorities in a Gazette Notification bearing No. 6690-FS/FS/Sectt/Food/14R-01/2005 dated 19th November, 2005. By the said Notification the State of West Bengal introduced the said West Bengal Rice Mill (Control and Levy Order), 2005. The dispute as it appears which has been ventilated before the Trial Court that the said Notification was never reached the writ petitioner and therefore, the State cannot take any step in accordance with the said Notification. It is submitted, accordingly the search and seizure conducted by the authorities has to be declared as bad in law.
(3.) The Hon'ble Single Judge after narrating the facts in question and in particular dealt with the matter and held that since there is enough evidence that though the Notification contains the date of Publication i.e., 19th November, 2005 but that date should not regarded as the date of publication of the said Notification as the same was not made available to public in general on or before 11th September, 2006. In this circumstances, the Hon'ble Single Judge held that the writ petitioner /the respondent herein is entitled to get the reliefs claimed by them and allowed the writ petition.;