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2001 DIGILAW 263 (KAR)

Alfa Lubricants v. Deputy Commissioner

2001-03-20

V.GOPALA GOWDA

body2001
ORDER V. Gopala Gowda, J.—Mr. A. Padmanabhan, learned High Court Government Pleader is directed to take notice on behalf of Respondents. 2. Petitioners are business firms dealing in lubricant oil. The lubricant oil in their shops were seized on 3.2.2001 along with two vehicles. The 2nd Respondent-Deputy Commissioner has passed the impugned order at Annexure-E dated 7.2.2001 to sell the lubricant oil seized in public auction and to remit the amount to Government pending enquiry and the vehicles seized were ordered to be released on obtaining indemnity bonds. Petitioners have filed these writ petitions challenging the legality and validity of the said order. 3. Learned Counsel for the Petitioners submits that the first Respondent has no power under Section 6-A of the Essential Commodities Act, 1955 to bring the seized goods for sale before confiscating the same. 4. The submission of learned Counsel for the Petitioners cannot be accepted. Sub-section (2) of Section 6-A of the Act empowers the Collector (Deputy Commissioner) to direct the seized essential commodity to be sold in public auction if he is satisfied that the commodity seized is subject to speedy and natural decay or it is otherwise expedient in the public interest to do so. In the instant case, even though lubricant oil seized is not a commodity of speedy decay, the Deputy Commissioner has assigned reasons in the impugned order that seized goods are petroleum products which are dangerous and explosive. Since the amount realised from the sale of these goods is ordered to be kept in Government deposit subject to final result of the further proceedings in the matter, no loss or prejudice would be caused to the Petitioners. Such being the position, Petitioners cannot have any grievance against the impugned order directing sale of seized lubricant oil in public auction. The impugned order is a just interim order and it is subject to final result of the proceedings. Ultimately if the Petitioners succeed in the final proceedings, they will be entitled to the amount realised from the sale proceeds of seized articles. This Court shall not exercise its power under Articles 226 and 227 of the Constitution in such matters. 5. The writ petitions are dismissed. However, the first Respondent shall expedite initiation of proceedings under Section 6-B of the Act.