- (1.) This is a revisional application under Article 227 of the Constitution of India.
(2.) The petitioners fourteen in number pray for setting aside the order dated 18.9.97 passed by the Ld. Additional Collector, Nadia in E. C. Case No. 3/97 arising out of Chapra Police Station Case No. 110/97 dated 14.6.97 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for alleged violation of the provision of para 3 of the West Bengal Sugar Dealers Licensing Order, 1980 and also under sections 468, 471 and 120B and 402 of the I. P. C. The petitioners' case is that all of them are grocers having shops at Chapra Market, District-Nadia. They purchased the article of grocery for selling in their shops for Calcutta. The petitioners purchased few bags of sugar as involved in this case under proper cash memos issued by the big market at Calcutta from whom they purchased the articles and were transporting the purchased sugar in 135 bags from Calcutta jointly by the trucks bearing No. WMK-4919 and WBG-3501. The D. E. O, Nadia intercepted those two trucks and seized those consignments, in respect of the said petitioner businessman, explaining to the D. E. O. that they procured the sugar by lawful purchase from wholesaler in Calcutta against valid cash memo as described above. A case was instituted against all those petitioners-businessmen and on 7.8.97 the petitioners filed application before the Additional Collector, Nadia prying for return of the seized sugar according to the respective cash memos, the xerox copy of which were filed with the application. The Additional Collector called for a report form the police and after verifying the documents the D. E. O. submitted report that cash memos and challans produced by the petitioners were all genuine. One incumbent in the office of the Additional Collector, as it has been stated in para 12 of the revisional application, passed an order in open court directing release of the seized bags of sugar to the petitioners on furnishing a Bhabatosh Ghosh v. State of West Bengal bond of Rs. 5,000/- each. , but before the order was typed that Addl. Collector was transferred and his successor Shri N. C. Majumder passed final order in writing, confiscating those bags of sugar and after a very perfunctory hearing issued direction for sale of the same through M. R. shops as per rate fixed by the Government. The aggrieved petitioners prefer this revisional application. The ld. Advocate for the petitioners submits that the impugned order was passed by Shri N. C, Majumder without applying his mind and very vindictively. He relies on the ruling reported in N NAGENDRA RAO AND CO v. STATE OF ANDHRA PRADESH, 1994 AIR(SC) 2663, and prays for setting aside the order and for returning seized articles to the petitioners. Mr. Chakraborty, on behalf of the State submits that the petitioners contravened para 3 of the Sugar Control Order as passed by the State of West Bengal and the Collector was fully justified to confiscate under section 6A of the Essentital Commodities Act and also to direct sale of the same through M. R, . shops as the goods were perishable commodity subject to natural decay. He argues that there is no provision for giving notice to the petitioners. All that the petitioners claim about the order of a predecessor Shri N. C. Majumder are not justified. The Collector having been within his competence under section 6A of the E. C. Act and the jurisdiction of the Court being barred under section 6C of the said Act, the petitioner are not entitled to relief prayed for. Mr. Chakraborty relies on the ruling reported. By way of reply, Ld. Advocate for the petitioner, M. Dastoor submits that the said case relied upon by the Ld. P. P. in-charge has no bearing in this matter.
(3.) This is a case under Article 227 of the Indian Constitution and accordingly a question of law arises whether in view of the provision of section 6C and 6E of E. C. Act, this Court has any jurisdiction to pass any order in respect of this revisional application.;