- (1.) THIS Revisional petition is directed against the order of the Sub-divisional Magistrate. Kalna directing sale of a certain quantity of paddy seized under the provisions of the West Bengal Rice and Paddy Control Order, 1964. The petitioner's case is that on 11th May, 1964 Binoy Kumar Saha, sub-Inspector of Food and Supplies, Samudragarh seized 250 maunds of paddy from the petitioner's house on the ground that the paddy was stocked without a producer's licence under the aforesaid Order. On 21st May, 1964 charge sheet was submitted by the police against the petitioner under section 7 (a) (ii) of the Essential Commodities Act, 1955 (Act X of 1955 ). On the same day a petition was made before the learned Sub-divisional Magistrate, Kalna by the District Controller of Food and Supplies, Burdwan through the Court Sub-Inspector in the following terms: "in connection with the above noted case and seizure of paddy I am to request you to be so good as to order disposal of the seized stock of 250 mds. of paddy to M/s. Bhaidarpara Rice Mills, Bhaidarpara on payment of price at Govt. prescribed rate so that the paddy may quickly flow into the market in the shape of rice to normalize the market,"
(2.) ON receipt of that petition the learned Magistrate made the following order on the 21st May, 1964: "seen prayer for disposal of the seized paddy filed by C. S. I. The paddy is a commodity subject to loss and deterioration and damage and their hoarding may lead to affect the normalcy of the paddy market. In view of the above I consider it expedient that the seized paddy should be sold to a licence holder so that the same may flow into the market normally. I, therefore, order that seized paddy shall be sold to the licence-holder according to the existing law, nominated by S. C. F. and S. , Kalna. S. C. F. S. , Kalna shall arrange the sale according to law and deposit the sale proceeds in the Treasury in terms of the order. "
(3.) THE principal contention of Mr. Dutta, learned Advocate for the petitioner, is that the seizure of the paddy is illegal. He has referred to certain provisions of the West Bengal Rice and Paddy Control Order, 1964 which was made by the Governor with the prior concurrence of the Central Government in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955, read with the Government of India, Ministry of Food and Agriculture (Department of Food), order No. GSR888, dated the 28th June, 1961. The Essential Commodities Act, 1955 is "an Act to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce in, certain commodities". "foodstuffs" comes within the definition of "essential commodity" under the said Act. The West Bengal Rice and Paddy Control Order, 1964 is the successor of the West Bengal Rice and paddy Control Order, 1960 which again was the successor of the West Bengal Rice and Paddy Control Order, 1957. Possibly the old Order yielded-place to a new Order in accordance with changes in the policy of the Government.;