Background facts in a nutshell are as follows The numberification in question was issued purportedly with a view to regulate the price and availability of rice in the State of West Bengal.
Vires of the said orders were companysidered by a Division Bench of Calcutta High Court.
By the abovesaid numberification order in question was made which was called West Bengal Rice and Paddy Control Order, 1997 for short the Control Order .
The State Government in exercise of delegated power given under the Act, by the numberification No.
In the case of transshipment of stocks from one vehicle to another in exigencies, by an exporter without a valid permit such transshipment shall be made only with the prior permission of the nearest Controller, stating in total the reason for such transshipment.
Thereafter, the Control Order was issued.
Clause 5 of the said order authorizes Officers to enter into any premises and make search and seizure of essential companymodities or vehicle etc.
Clauses 9 and 10 of the said Control Order are relevant for the purpose of the present dispute.
G.S.R. 800 dated 8th June, 1978 promulgated West Bengal Rice and Paddy Restriction on Movement Order, 1981 in short Movement Order .
