- (1.) One Sanjoy Santra of Haripal, Hooghly, was charged sheeted as the owner of Truck No. WGA 4289 along with the driver of the said truck in connection with Chhatna P. S. Case No. 12(9)83 under S. 7( 1 )(a)( ii) of Act X of 1 C)55 (The essential Commodities Act) but the Prosecution case failed against both of them before the learned Special Judge. Therefore. Sanjoy Santra filed an application for return of the fine of Rs. 3000/- paid by him In lieu of confiscation of the said truck. as imposed by the learned District Magistrate and Collector. This application for return of the said fine was rejected and the said petitioner filed a Criminal Revisional application before the learned Sessions Judge. Bankura for setting aside the said order. The learned Sessions Judge Sri S. Bose) therefore on 18-12-84 called for the records of confiscation Case No. 11 of 1983 and Chhatna P. S. Case No. 12(9)83 and directed the revisional application to be put up on 3-1-85 for hearing on the point of admissibility. He also directed the learned Public Prosecutor to appear on that date for hearing.
(2.) The record of Chhatna P. S. Case No. 12(9)83 was duly received on 3-1-85 by the learned Sessions Judge from the Court of the Special Judge. Bankura but the learned District Magistrate and Collector (Sri K. Chaudhuri) refused to send up the records of confiscation Case No.11 of 1983 by his order dt. 20-12-84. The said order dt. 20-12-84 reads as follows ;- "Seen letter of learned Sessions Judge. dt. 19-12-84 with reference to Criminal Motion No. 63/84 calling for case record. He has no jurisdiction under the Essential Commodities Act. S. 12AA is relevant. Copy of this to be sent to him for his kind information. . Sd/- K. Chaudhuri. 20/12. District Magistrate and Collector. BANKURA.Government of West Bengal Office of the District Magistrate and Collector. Judicial Munshikhana, (Bankura.) Memo. No. 6062/J, dated, Bankura, the 21st Dec. 84 Copy forwarded to the Ld. Sessions Judge, Bankura for favour of kind information with reference to his letter No. 1 296-Cr. dt. 19-12- 84. Basu/21-12-84 SD/- District Magistrate and Collector. BANKURA. The learned Sessions Judge on 22-12-84 passed the following order;- "Seen the memo No.6062/J dt. 21-12-84 forwarding a copy of order dt. 20-12-84 of the District Magistrate and Collector, Bankura. and without the record which was called for. The learned District Magistrate be requested to state categorically and in an unambiguous term if his aforesaid order would be interpreted at this end as a refusal to send the record as called for. He be further requested to reply on or before the date already fixed, that is, 3-1-85, failing which it will be presumed that he really refused to send the record. Put up with the record on the date fixed after service of a copy of the aforesaid letter of the District Magistrate, Bankura to the learned Public Prosecutor and the learned lawyer for the petitioner of this motion." Sd/- Sessions Judge, Bankura.
(3.) Instead of sending the records the learned District Magistrate and Collector on 26-12-84 passed the following order:- "'Seen copy of Sessions Judge's order No.2 dt. 22-12-84 Criminal Motion No. 63 of 1984. He has desired that the District Magistrate state categorically if he (she) refuses to send the case record No. 11 of 1983 under the essential CommoditIes Act. However, before any such categorical statement is made, the learned Sessions Judge on his part is requested to state categorically and in unambiguous terms whether he considers that he has jurisdiction under the Essential Commodities Act, despite the fact that S. 6C under which the Sessions Judge was earlier authorised, has been amended in 1981 as follows :- "In S. 6C of the principal Act :- (a) in sub-sec. (1), for the words -any judicial authority appointed by the State Government concerned arid the judicial authority" the words "the State Government concerned and the State Government" shall be substituted; (b) in sub-sec. (2), for the words "such Judicial authority" the words "the State Government" shall be substidtuted." Let a copy of this be sent to the learned Sessions Judge, Bankura and to the Public Prosecutor to whom the ld. Sessions Judge has also sent a copy. Sd/- K. Chaudhuri. District Magistrate and Collector, Bankura;