- (1.) No affidavit -opposition has been filed to this writ petition. Submissions were made on behalf of the respondents. The matter was heard from time to time and ultimately the judgment was reserved.
(2.) It appears on 31st Oct. 1998 Sri Amar Roy Choudhury, Sub-Inspector of Police, D.E.B. Burdwan intercepted a truck, bearing registration No. WBQ 8603, loaded with 150 bags of paddy, each bag containing 60 Kilograms of paddy, having a total quantity of 90 quintals of paddy, it is not disputed, belonging to the petitioner, at a distance of one kilometer from Burdwan while the same was on its way to Pally Mongal Rice Mill, whereupon the Truck as well as the paddy loaded on the truck were seized and the Driver of the truck was arrested. Thereafter, a First Information Report was filed by the said Sub-Inspector of Police, the text whereof is as follows :- "In producing herewith accd. Samir Kumar Paul son of Shree Banamali Paul driver of truck No. WBQ 8603 of Madhyamgram P.S. Monteswar Dist. Burdwan along with one seized truck bearing No. WBQ 8603. S.I. Amar Roy Chowdhury of D.E.B. Burdwan Sadar, do hereby lodge complaint against the said arrested accd. Samir Kumar Paul to the effect that to day on 31-10-1998 after noon myself being accompanied by S.I. Kumud Mahjee, W/C. 3074-Sk. Akkash Ali and W/C. 1064 Bharigunath Pandey all of D.E.B. Burdwan had been on burdawn Kalna Road for holding a raid against excessive storage of paddy by consumers. During raid I found at about 14.30 hrs and truck proceeding towards Burdwan side from Kalna side along Kalna Burdwan Road. I with the help of my accompanying force intercepted the truck in village Ausha, under P.S. Memari. Being asked the driver stated that the truck is loaded/stored with paddy. On physical verification it was found that the truck is actually loaded with 150 (one hundred fifty) bags of paddy. Each bag contain 60 (sixty) kilogram of paddy (approx.). Therefore the truck is found stored with 90 quintals of paddy which was in possession of the driver of the truck. The driver being asked by me stated that he is not a producer of paddy and regarding collection and having in his possession of the paddy loaded/stored in his truck, he failed to produce any documents whatsoever. Now I like to mention here that according to para 3 of the West Bengal Rice and Paddy Storage by Consumers Control Order, 1967, a consumer can store or have in his possession only 2.87 qntls. of paddy for consumption. But in the instant case the driver who admitted himself not to be a producer, was found stored 90 (ninety) qntls. of paddy in his truck which is an offence for violation of the provision of of para 3 of the West Bengal Rice and Paddy Storage by Consumers Control Order, 1967 for which the driver rendered himself liable to for punishment under Section 7(1)(a) (ii) of Act x/55. I therefore, arrested the accd. driver who disclosed his aforesaid name and address. I also prepared a seizure list and seized the following articles 1.90 (ninety) qntls. of paddy in 150 bags. Each bag contain 60 Kgs, (approx.) 11. One truck bearing No. WBQ 8603 along with connected papers of the truck as mentioned in seizure list. The seized paddy is left in zimba with one Sri Sudeb Chandra Gupta, son of late Krishna Chandra Gupta owner of Chashi Rice Mill. As the accd.driver violated the provision of Para 3 of W. Bengal Rice and Paddy storage by Consumer Control Order, 1967. I requested to kindly start a case under Section 7(1)(a)(ii) of Act x/55 agaisnt the accd. driver Samir Kumar Paul, S/o Sri Banamali Paul of Madhyamgram P.S. Monteswar. Confiscation prayer for seized truck and paddy is being submitted. DEO-1, Burdwan Sadar will please arrange for its investigation."
(3.) On the basis of the First Information Report Memari Police Station Case No. 167/98 dated 31st Oct. 1998 was registered under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for alleged violation of para 3 of the West Bengal Rice and Paddy (Storage by Consumers) Control Order, 1967. The Investigating Officer thereupon prayed before the learned Collector, E.C. Act, Burdwan for sale of the seized goods. Such prayer was considered and decided by an order dated 5th January, 1999 by the learned Collector, E.C. Act, Burdwan in the manner as follows :- "O.P. is absent without step. learned A.P.P. is present. The O.P. has been given sufficent opportunity to adduce documentary evidence in support of his claim that the seized paddy was his own production. But he has failed to avail of the said opportunity. In the meantime it is considered expedient to sale the seized paddy as an ad interim measure to keep the flow of paddy in the open market and to avoid any loss as the paddy is subject to natural decay. Hence, it is ordered that S.C. F. and S. Burdwan shall arrange immediate selling of the seized paddy and deposit the sale proceeds through Treasury Challan Officer-in-Charge, Memari P.S. shall render all sorts of assistance. To 9-3-1999 for sale report.";