In re: Rakesh Garg @ Rakesh Kumar Garg v. State of West Bengal
1998-07-15
SAMARESH BANERJEA
body1998
DigiLaw.ai
Judgment The petitioner in the instant writ application has challenged the seizure of his vehicle a, also the rice which was sought to be exported to Bhutan on the ground that despite the fact that such rice was procured from outside the State of West Bengal, the respondents have intercepted the lorry and seized the same. 2. It appears that such rice was being supplied by the present petitioner to the Food Corporation of Bhutan on a specific order placed in that respect. There is also a specific pleading in the writ petition that such rice was procured from U.P. and not from West Bengal. The seizure list also indicates that the rice was dispatched from U.P. to Darjeeling. 3. Learned Advocate appearing for the respondents submit that in view of Paragraph 8 of the West Bengal (Rice and Paddy) Control Order, 1997, such rice cannot be taken to the international border without a permit. 4. It may be recorded, however that similar provisions were there under the 1981 Control Order relating to movement of rice when it was held by this Court that such restriction will apply only in case of rice procured from West Bengal and not from outside the State of West Bengal and if rice is purchased from outside the State of West Bengal and the same is Sought to be exported through West Bengal and West Bengal is merely used as a transit, same can be permitted. In fact, thereafter in large number of writ petitions disposed of by different Judges of this Court, it has been held that such export is permissible if the rice is not procured from West Bengal. Such being the position there was no reason why in the instant case the respondents seized the rice although they were aware that such rice was purchased from U.P. and not from West Bengal. 5.
Such being the position there was no reason why in the instant case the respondents seized the rice although they were aware that such rice was purchased from U.P. and not from West Bengal. 5. In such view of the matter, I dispose of this application by directing that the petitioner will apply to the concerned Collector before whom the clue is pending for release of the rice specifically pointing out therein that such rice has been procured from outside the State of West Bengal and the concerned Collector after considering the application and satisfying himself that the seized rice was procured from outside West Bengal, shall direct release of the same to enable the petitioner to export the rice to the Food Corporation of Bhutan. 6. Such application shall be disposed of by the Collector by passing a reasoned and speaking order within a week from making of such application. 7. This writ petition is thus disposed of. There will be no order as to costs. Let a plain copy of this order duty countersigned by the Assistant Registrar (Court) be given to the learned Advocate for the petitioner.