Mohammed Shafeek vs The District Collector
2022 Latest Caselaw 10733 Ker

                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

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

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

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

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.