Writ Petition No. 352 of 1982. Case: Ratnaraj Thangraj Vs Deputy Controller of Rationing and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 352 of 1982 |
| Counsel | For Appellant: T.H. Sardar, Adv. and For Respondents: A.C. Agarwal, A.G.P. |
| Judges | D.P. Madon and Sharad Manohar, JJ. |
| Issue | Essential Commodities Act, 1955 - Sections 6C, 7; Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1973; Pulses, Edible Oil Seeds and Edible Oils (Storage Control) Order, 1977; Limitation Act, 1963 - Sections 5, 29(2) |
| Citation | 1982 (1) BomCR 475 |
| Judgement Date | February 12, 1982 |
| Court | High Court of Bombay (India) |
Judgment:
D.P. Madon, J.
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This writ petition under Article 227 of the Constitution of India is directed against an order dated February 6, 1982 passed by the learned Principal Judge of the Bombay City Civil Court, Bombay, as the judicial authority appointed under section 6-C of the Essential Commodities Act, 1955 (Act No. 10 of 1955), whereby he dismissed the appeal filed is the petitioner, namely, Miscellaneous Appeal No. 6 of 1982, as being barred by limitation.
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The petitioner is a dealer in edible oil and owns two shops, one at Ghatkopar and the other at Chembur in Greater Bombay, both being shops under the trade name and style of Ratna Stores. Under Clause 3 of the Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1973, read with Clause 3 of the Pulses, Edible Oil Seeds and Edible Oils (Storage Control) Order, 1977, any trader storing more than 500 kilograms of edible oil is required to take out a licence under the said orders in addition to a gumaste licence and a licence under the Bombay Municipal Corporation Act, (Bombay Act No. III of 1888).
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On October 23, 1981 the third respondent, namely, the Inspector of Police, Crime Branch (Control), C.I.D., Bombay, a long with the members of the staff of the Rationing Department raided the said shop at Ghatkopar and seized the entire stock of 644 kilograms of edible oil of different kinds from the said shop on the ground that they exceeded the statutory limit specified above. It is the contention of the petitioner that out of the said quantity of 644 kilograms of edible oil nearly 200 kilograms were from his shop at Chembur which was temporarily stored at Ghatkopar on route to the said shop at Chembur. The petitioner also had in his possession the purchase bills in respect of the aforesaid quantity of oil which is shown to the raiding party. In spite of the aforesaid explanation, the said entire stock of 644 kilograms of oil seized by the police under a Panchanama. The petitioner was also arrested and subsequently charged with having committed offences under the aforesaid orders read with section 7 of the Essential Commodities Act.
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By an order dated November 24, 1981 the first respondent, the Deputy Controller of Rationing, ordered the said entire quantity of 644 kilograms to be confiscated to the Government. Under section 6-C(1) of the Essential Commodities Act an appeal against an order of confiscation passed under section 6-A of the said Act lies to...
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