A companytingent of officers of the District Enforcement Branch led by the Investigating Officer Gopal Mosat, the companyplainant, raided the factory premises of the petitioner on the morning of Sunday, September 20, 1987, in the absence of the petitioner.
The report of the seizure of the essential companymodity was made to the companycerned Collector as required by Section 6A of the Act for initiating companyfiscation proceedings.
The said raid companytinued till the early hours of September 21, 1987.
During the said raid 562 bags of Mustard Seeds and 267 tins of Mustard Oil, weighing about 39.92 quintals, were seized lor purported infraction of the companyditions of the licence as well as the orders issued under Section 3 of the Act.
On March 11, 1988 the said officer dropped the companyfiscation proceedings, albeit without prejudice to the prosecution pending before the Special Judge, and directed the release of the seized companymodities.
The said Criminal Revision No.
Suffice it to say that the said Writ Petition was disposed of by a learned Single Judge of the High Court on February 2, 1988, reserving liberty to the petitioner to apply for release of the seized goods to the Collector before whom the companyfiscation proceedings were pending.
On September 27, 1987, a charge sheet was filed before the learned Special Judge.
Thereupon, the petitioner preferred an application on February 9, 1988 under Section 6E of the Act before the Additional Collector for release of the seized companymodities.
The Investigating Officer filed a written companyplaint in that behalf at the Behala Police Station which came to be treated as the First Information Report.
It may be mentioned that before the submission of the charge sheet a Writ Petition was filed in the High Court wherein certain interim orders were made with which we are number companycerned.
Feeling aggrieved by the said order of release, the State Government invoked the revisional jurisdiction of the High Court.
402 of 1988 was allowed by the High Court on May 11, 1988.
The facts, in brief, are as Under The petitioner being engaged in the manufacture of mustard oil at his factory at 1, Canal Road, Police Station Behala, Calcutta 53, was required to maintain a stock of mustard seed at his factory premises.
M. Ahmadi, J. Special leave granted.
the Collector to whom a report of seizure of any essential companymodity is made under Section 6A of the Essential Commodities Act, 1955 hereinafter called the Act , is empowered by virtue of Section 6E of the Act to release the goods seized in pursuance of an order made under Section 3 in relation thereto during the pendency of the proceedings before the Special Court?
