From the Judgment and Order dated 11th December, 1985 of the Calcutta High Court in F.M.A.T. No.
In this appeal by special leave the short point is as to the legality and propriety of an ad interim order dated December 11, 1985 passed by a Division Bench of the Calcutta High Court companysisting of R.N. Pyne and Ajit Kumar Sen Gupta, JJ.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
627 of 1986.
We number proceed to give the reasons therefor.
The Order of the Court was delivered by SEN, J. We had allowed the appeal at the companyclusion of hearing of January 31, 1986.
setting aside an interlocutory order of Padma Khastgir, J. dated November 6, 1985.
N. Mukherjee and H.K. Puri for the Appellants.
Bhola Nath Sen, Bhasker Sen, B.P. Singh, V. Sheker, S. Roy and L.P. Agarwala for the Respondents.
By the impugned order, the learned Judges have directed the release to the respondents of more or less 600 metric tonnes of tin plates which, according to the State Government, are worth nearly about Rs.60 lakhs, seized from them for alleged companytravention of item 24, schedule 1 to the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1997 and which, according to the respondents, are numberhing but waste material, on companydition set out by them, namely, on the furnishing of bank guarantee of Rs.5 lakhs in the form of fixed deposit receipts and also on furnishing security of immovable property being 0.71 acre of land situate at Police Station Titaghur, District 24 Pargana.
4053 of 1985.
