- (1.) Heard Mr Shankar Lal Agrawal, learned counsel for the petitioners and Mr Pradip Modi, learned GP I for the State-Respondents.
(2.) The Petitioners have prayed for quashing the order dated 29.12.1998 passed by the Deputy Commissioner, East Singhbhum at Jamshedpur (respondent No. 3) in Revenue Miscellaneous Confiscation Case No. 147 of 1998-99, by which he initiated proceeding for confiscating the seized articles under Section 6A of the Essential Commodities Act and issued notice to the Petitioners to show cause as to why the said articles be not confiscated under Section 6A of the Essential Commodities Act.
(3.) According to the Petitioners, he is the owner of the goods while the Petitioner No. 2 is the owner of the truck, which, according to the informant/respondent No. 2, was flagged to stop for the purpose of an enquiry on receipt of an information about the goods loaded thereon. The driver of the truck produced a Road Permit issued in favour of M/s. Laxmi Traders, Dhalbhumgarh and issued by the Office of the Commercial Taxes Department on 1.12.1998. According to the Road Permit, it was specifically mentioned that 400 tins of refined oil had been dispatched. However, on actual verification, it was found that contrary to only 400 tins of refined oil, other items beyond the particulars mentioned in the Permit was found and accordingly, the authorities came to a conclusion that the owner of M/s Laxmi Traders had misused the Road Permit. The second allegation was that inspite of demand for documents relating to the goods, the driver did not to show and this led to a presumption of violation of law and accordingly the articles were recommended for seizure and initiation of confiscation proceedings. The Deputy Commissioner upon receipt of the said report, recorded the gist of the allegations as reported by the respondent No. 2 and accordingly seized the goods and initiated confiscation proceedings under Section 6A of the Essential Commodities Act and issued notice upon the Petitioners to show cause as to why the goods and the truck be not confiscated finally. It is against the aforesaid notice that the Petitioners have come before this Court making a prayer inter alia that the order dated 29.12.1998 should be quashed inasmuch it is totally without jurisdiction.;