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1988 DIGILAW 194 (CAL)

STATE OF WEST BENGAL v. SHREE BRAHMA OIL MILLS

1988-05-11

A.K.SENGUPTA, PADMA KHASTGIR

body1988
A. C. SEN GUPTA, J. ( 1 ) THIS revisional application is directed against the order dated 11-3-88 passed by the learned Collector in respect of certain goods that were seized in pursuance of an order made under S. 3 of the Essential Commodities Act in relation thereto. The learned Collector in a proceeding under S. 6a of the Essential Commodities Act, 1955, hereinafter to be described as the Act, hold that the seized articles are to be released but he opposite parties, that is to say, the present respondents, from whom the roods were seized. Being aggrieved by the order, the State of West Bengal his preferred this revisional application. The only point on which this matter is to be disposed of is whether the Collector had any power to release the goods so seized in exercise of his power under S. 6a in a proceeding under S. 6a of the Act. ( 2 ) LEARNED counsel appearing for the respondents argued before us that the Collector had ample power to release the goods in a proceeding under S. 6a of the Act. In support of his contention, he drew our attention to the provision of S. 6e as amended by the Amending Act 42 of 1986. The provision of S. 6e of the Act is quoted below :-"whenever any essential commodity is seized in pursuance of an order made under S. 3 in relation thereto. . . . . . . . . . . . . . . pending confiscation under S. 6a, the Collector or, as the case may be, the State Government concerned under S. 6c shall have, and, notwithstanding anything to a the contrary contained in any other law for the lime being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity". ( 3 ) HE submitted that by this amended Section, the Collector has been given the power to make orders with regard to possession, delivery, disposal, release or distribution of such essential commodities. ( 3 ) HE submitted that by this amended Section, the Collector has been given the power to make orders with regard to possession, delivery, disposal, release or distribution of such essential commodities. ( 4 ) NOW by the Special Act certain powers had been given to the Collector as stated in S. 6a of the Act which is quoted below :-"where any essential commodity is seized in pursuance of an order made under S. 3 in relation thereto a report of such secure shall, without unreasonable delay, be made to the Collector of the district or the Presidency town in which such essential commodity is seized and whether or not a prosecution is instituted for the contravention of such order, the Collector may, if he thinks it expedient so to do direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied that there has been a contravention of the order may order confiscation of - (a) the essential commodity so seized. . . . . . . . . . . . . . . . . . . ". ( 5 ) THE S. 6e literally means that pending confiscation under S. 6a the Collector shall have"jurisdiction to make orders with record to the possession, delivery, disposal, release or distribution of such essential commodity. . . . . . . . . . . . ". Thus according to the literal meaning of the Section, these powers can be exercised before confiscation. It may be noted here that this "literal approach" of interpretation in this case fits in with the "purposive approach" of interpretation. The Act which is a beneficial piece of legislation has given some special jurisdiction to the authorities referred to in the Act to achieve the purpose of the Act. The Special Court constituted under S. 12a of the Act shall try all offences under the Act. Under S. 7 of the Act, the Special Court convicting and sentencing an accused shall also pass orders forfeiting to the Government property in respect of which the order has been contravened. On consideration of all these provisions, it is quite clear that by S. 6e the Collector has been given the jurisdiction for making orders with regard to possession, delivery, disposal, release or distribution of such essential commodities pending confiscation. On consideration of all these provisions, it is quite clear that by S. 6e the Collector has been given the jurisdiction for making orders with regard to possession, delivery, disposal, release or distribution of such essential commodities pending confiscation. Under S. 6a of the Act, the Collector has under certain circumstances been given power to confiscate the goods. by S. 6a the Collector has not been given my power to release the goods. Section 6e is to be read in the perspective of the provision of S. 6a of the Act because of the phrase "pending confiscation" under S. 6a used in S. 6e. If the Collector has not been given any power to release the goods under S. 6a, it can never be assumed that by S. 6e which gives some interim power to the Collector with reference to the proceeding under S. 6a, the Collector has been given any power to release the goods after finding that the goods cannot he confiscated. Under S. 6a the Collector may order confiscation of the essential commodities so seized. He has not learn given any power to release the goods. Under S. 6a the Collector may either pass an order for confiscation or may not pass any such order thereby dropping the proceedings. What the Collector cannot finally do in a confiscation proceeding under S. 6a can never be done by him after he holds that the goods are not liable for confiscation. If the Collector finds that the goods cannot be confiscated, he will slop giving any further order under S. 6a and drop the proceeding leaving the Special Court to pass the final order regarding forfeiture or release of the goods. As soon as he holds that the goods are not liable for confiscation he ceases to have any jurisdiction to pass any order in respect of the goods in a proceedings under S. 6a of the Act which he shall then drop. He is not given the powers of the Special Court in this proceedings. ( 6 ) IN the circumstances, we hold that the Collector's order is erroneous. We accordingly set aside the order. ( 7 ) ALL other points taken in this revisional application are left open. ( 8 ) THE application is accordingly allowed. ( 9 ) ORAL prayer for stay of this order on behalf of the respondents is refused. ( 10 ) MRS. We accordingly set aside the order. ( 7 ) ALL other points taken in this revisional application are left open. ( 8 ) THE application is accordingly allowed. ( 9 ) ORAL prayer for stay of this order on behalf of the respondents is refused. ( 10 ) MRS. PADMA KHASTGIR, J. : -. agree. Application allowed.