JAGDISH PRASAD AGARWAL Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) A copy of the writ petition is served on Shri D.P Chaliha, learned Government Advocate appearing for the respondents.

(2.) Petitioner is a dealer in essential commodities having a wholesale licence under Assam Trade Articles (Licencing and Control) Order, 1982. On 31.5.91 fifth respondent seized certain quantity of rice and suger along with documents from the business premises of the petitioner ostensibly on account of alleged violation of the provisions of the Assam Trade Articles (Licencing and Control) Order, 1982. The petitioner on the same date filed an application before third respondent requesting for release of goods. Instead of directing release of goods, third respondent by Annexure D letter dated 25.7.91 requested the Superintendent of Police, Bureau of Investigation of Economic Offences, Guwahati to sell the seized articles at fixed price and deposit the amount in the revenue head of treasury through challan. It appears the FIR was sent to the Court of the Special Judge, Guwahati by the seizing authority. The petitioner filed an application before the Special Judge seeking release of the goods. The Special Judge by Annexure-H order allowed the auction to proceed. The petitioner now seeks to quash Annexure D letter of the third respondent and the order passed by the Special Judge.

(3.) Sec. 6E was incorporated in Essential Commodities Act, 1955 by the Amendment Act 42 of 1986 and reads thus