Shri. K. Nagaraja vs. District Collector And
Held
The Court held that the power of confiscation is a drastic measure and cannot be invoked for a minor inadvertent error like failing to notify a change in the storage address. The Inspector does not possess the power to confiscate stock solely on the ground of non-notification of a change in godown premises.
Facts
The petitioner, a fertilizer seller, inadvertently provided an incorrect storage address in his application for authorization. During an inspection, fertilizers were found stored at a different, but previously declared, additional place of business. The authorities confiscated the fertilizers based on this discrepancy.
Key Issues
Whether the Inspector has the power to confiscate a dealer's stock of fertilizers for failing to inform about a change in the godown address, and if such confiscation is justified for an inadvertent error.
Sections Cited
Clause 7, Clause 8(2), Clause 8(3), Clause 28(c), Clause 30, Clause 31
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
In this writ petition, an order of confiscation has been challenged.
It is the case of the petitioner that he had submitted an application under clause 7
The judgment continues below.
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