Research › Browse › Judgment

Calcutta High Court · body

1983 DIGILAW 207 (CAL)

Asoke Kumar Jain v. STATE OF WEST BENGAL

1983-07-25

A.M.PAL, P.C.BOROOAH

body1983
JUDGMENT 1. THE petitioner Asoke Kumar Jain is one of the partners of a firm named Kalosona Soft Coke Manufacturing company having its business at Domohani bazar near Barabani Railway Station. The said firm manufactures soft-coke from steam-coal, middling etc. 2. ON 11.6.83 the police on a secret information raided the petitioner's firm and seized a large quantity of steam-coke, slack-coke and soft-coke which were stacked at their usual place of business. A copy of the seizure list is annexed to the petition and marked with the letter 'a'. Pursuant to the seizure a case was started against the petitioner and the other partners of the firm under Act X of 1955 for violation of clauses (3) and (5) of the West Bengal declaration of Stocks and Prices of Essential Commodities Order, 1977 and also for the violation of the provisions of the West bengal Soft Coke Licensing Order, 1965. Thereafter at the instance of the petitioner and the other partners of the firm the police seized the stock registers and the licence of the petitioner's firm on 29-6-1983. A copy of the seizure list is annexure 'b' to the petition. In view of the seizure of the licence and the stock registers which gives an explanation and accounts for all the steam-coke, slack-coke and soft-coke seized from the petitioner's firm, there could not possibly be any violation of the West Bengal Soft Coke Licensing Order, 1965. 3. THE only question therefore remains to be decided is whether the petitioner and his other partners have committed any violation of Clauses 3 and 5 of the West Bengal declaration of Stocks and Prices of Essential Commodities Order, 1977? 4. THIS order was passed by the West bengal Government in accordance with a notification issued by the Government of India, Ministry of Agriculture, Department of Food, being notification No. G. S. R. 316 (E) dated 20-6-72 by virtue of which power was delegated to the State Government under section 5 of Act X of 1955 for passing the aforesaid order. On a scrutiny of the notification it appears that the said notification only empowers the State Government to make orders to provide for matters in relation to food stuff. Therefore the West Bengal Declaration of stocks and prices of Essential Commodities Order could not be passed in relation to soft coke and other types of coal which are surely not food stuff. Therefore the West Bengal Declaration of stocks and prices of Essential Commodities Order could not be passed in relation to soft coke and other types of coal which are surely not food stuff. Therefore, the submissions made by Mr. D. P. Chaudhuri appearing on behalf of the petitioner have to be accepted. Mr. Satyabrata Bhattacharyya appearing on behalf of the State has very fairly accepted the position of law as expounded by Mr. Chaudhuri. In the result, this application succeeds and all the proceedings pending against the petitioner are quashed. 5. LET all the coal including the stock registers and other documents seized "from the petitioner or from his firm as per the aforesaid seizure lists be returned forthwith. 6. THE application is thus disposed of. Let this order be communicated by a special messenger at the cost of the petitioner, as prayed for.