SHYAM SUNDAR MAL Vs. THE STATE OF WEST BENGAL
LAWS(CAL)-1996-4-31
HIGH COURT OF CALCUTTA
Decided on April 22,1996

Shyam Sundar Mal Appellant
VERSUS
The State Of West Bengal Respondents

JUDGEMENT

Ashis Baran Mukherjee, J. - (1.)This is an application preferred under Article 227 of the Constitution. A proceeding under Sec. 6A of the Essential Commodities Act of 1955 was instituted before the Ld. Sub -Divisional Magistrate, Arambagh being confiscation Case No. ] of 1996 arising out of Arambagh P.S. Case No. 32 dated 9.2.96 under Sec. 7(1) (a) (ii) of the E.C. Act for alleged contravention of Para 3 of the West Bengal Baby Food Licensing Order, 1966 read with Paragraph 3(s) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order 1977. On 9.2.96, a Sub -Inspector of Police attached to the D.E.B., Hooghly, along with the O.C. of the Arambagh P.S. went to the place of business of the petitioner and asked for some documents which were produced and verified. On scrutiny there was an allegation of shortage of some of the items due to the reason that article shown on 8.2.96 were not taken into consideration. Accordingly, a complaint was lodged for violation of control orders and the articles in the shop were seized and given in custody of a person as Jimmadar. The contention of the petitioner is that there was no violation.
(2.)Another proceeding under Sec. 6A of the E.C. Act was started on 14.3.96. A notice was served on the petitioner directing him to appear and to file show cause.
(3.)It was been challenged that starting of a proceeding under Sec. 6A, E.C. Act is dependent on the satisfaction of the Collector about contravention of an order. No such satisfaction was recorded by the Collector and the notice issued on the petitioner does not conform to the mandate of Sec. 5B of the E.C. Act . Accordingly, confiscation case has been sought to be quashed on a finding that the notice is not in accordance with law.
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