Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 WP(C) NO. 28165 OF 2022 PETITIONERS:
MOHAMMED SHAFEEK AGED 42 YEARS S\O. LATE ABOOBACKER PARAKKAL VADAKKATH KUREEPUZHA WEST, KAVANAD P.O, KOLLAM , PIN - 691003 BY ADVS.
C.K.SHERIN MANOJ P.KUNJACHAN RESPONDENT/S:
1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM , PIN - 691013 2 DISTRICT SUPPLY OFFICER CIVIL STATION, KOLLAM, PIN - 691013 OTHER PRESENT:
0 Spl. Gp. S. Renjith with AAG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.10.2022, THE COURT ON 21/10/2022 DELIVERED THE FOLLOWING:
W.P.(C) No.28165/2022 2 V.G.ARUN, J.
----------------------------------------------- W.P(C).No. 28165 of 2022 ----------------------------------------------- Dated this the 21st day of October, 2022 JUDGMENT The petitioner is the proprietor of MS Traders Kollam and is engaged in wholesale and retail dealership of food grains. On 20/6/2022 large quantities of boiled rice, matta rice, raw rice and wheat were seized from the petitioner's godown by an inspection team headed by the second respondent. The seizure was effected on an allegation that the food grains are being re- bagged for sale in black market. According to the petitioner, their seizure was effected without following the prescribed procedure and without even preparing a mahazar. The petitioner claims that all the food grain that was seized were purchased from him from the open market and are covered by invoices. His further contention is that the food grains seized from a mini lorry parked outside its godown and containing the tags of FCI and SUPPLICO does not belong to him and merely because the mini lorry was parked in proximity to the petitioner's godown, there cannot be any assumption that the food grains were brought for
W.P.(C) No.28165/2022 3 the purpose of storing in the godown of the petitioner. Raising this contentions and requesting for immediate release of the seized articles, the petitioner has filed Ext.P8 representation before the second respondent. This writ petition is filed aggrieved by the delay on the part of the second respondent in considering Ext.P8 representation and releasing the food grains .
2. The second respondent has filed counter affidavit, wherein it was stated that the inspection on 20/6/2022 was conducted on the basis of secret information received that ration goods were brought to a godown and was being re-bagged in plastic bags. It is stated that when the inspection team reached the spot, the employees who were engaged in re-bagging works ran away from the spot. The inspection team had directly witnessed the re-bagging of rationed articles. The petitioner was not present in the premise and he never approached the second respondent for obtaining a copy of the mahazar. As a long term storage can damage the food grain, an emergent action has to be taken under section 6(A) of the Essential Commodities Act 1955 to dispose the food grains through the Public Distribution System immediately. The genuineness of the invoices are stated to be suspect, the invoices having been
W.P.(C) No.28165/2022 4 produced twenty five days after seizure of the food grains. It is also revealed that the petitioner is an accused in a crime registered in the year 2017 alleging attempt to sell rationed article in black market. The contention that the rationed articles found inside the mini lorry does not belong to the petitioner is refuted by pointing out that the inspection team had directly witnessed transfer of the food grains from the mini lorry to the petitioner's godown.
3. Having heard the learned counsel for the petitioner and the learned Government pleader, I am of the considered opinion that the disputed facts involved cannot be resolved in a writ petition under Article 226 . Moreover, as per section 6B of the Essential Commodities Act, no order confiscating any article shall be made under section 6A unless the owner of the essential commodity or the person from whom it is seized was given a notice in writing informing of the grounds on which is proposed to confiscate the essential commodity. As the respondents themselves have stated that the articles seized being perishable it has to be distributed immediately, it will be in the interest of both sides that the notice, as contemplated under section 6B, shall be given to the petitioner at the earliest and the
W.P.(C) No.28165/2022 5 proceedings under section 6A completed without delay.
4. In the result, the writ petition is disposed of directing the respondents to complete the proceedings under Section 6A after issuing notice to the petitioner and affording an opportunity as provided under section 6B of the Essential Commodities Act. The proceedings, as directed above, shall be completed within one month of receipt of a copy of this judgment.
Sd/- V.G.ARUN, JUDGE dpk
W.P.(C) No.28165/2022 6 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE D&O LICENSE DATED 26.04.2022 ISSUED TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE LICENSE DATED 19.07.2020 ISSUED BY FSSA Exhibit P3 A TRUE COPY OF THE CERTIFICATE REG. NO.
32BJZPA0058H1ZB DATED 17.07.2018 ISSUED BY THE GST Exhibit P4 TRUE COPY OF THE E-WAY BILL DATED 22.04.2022 Exhibit P5 TRUE COPY OF THE E-WAY BILL DATED 23.05.2022 Exhibit P6 TRUE COPY OF THE INVOICE DATED 17-06-22 Exhibit P7 TRUE COPY OF THE INVOICE DATED 18.06.2022 Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 14-07-2022 PREFERRED BY THE PETITIONER RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE SEIZURE MAHAZAR DATED 20.06.2022.