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Judgment
Heard learned counsel for the petitioners and learned
counsel for the State.
In this case, the petitioners are challenging the order of
the Collector, Katihar dated 31.10.2014 passed in Appeal No. 241
of 2014-15, whereby and whereunder the appellate authority has
dismissed the appeal and affirmed the order of the Sub Divisional
Officer, Barsoi and found that the truck of the petitioners was
seized at the suspicious place, which was moving towards the State
of West Bangal for the purposes of black marketing of grains.
Learned counsel for the petitioners submits that there
is no prescribed route; the route which they have followed also
reaches to the place of destination. There may be possibility of
longer or shorter route, but the fact is that the route that they have
followed is also a route where the persons generally followed to go
to the place of the destination.
He has further submitted that the petitioners were not
involved in committing any black marketing or have not committed
any black marketing of the grains, but the allegation has been made
on suspicion that the grains are going towards the State of West
Bangal and on that ground the licence of the petitioners could not
have been cancelled.
Learned counsel for the State submits that the
petitioners were intercepted on the route which was moving
towards the State of West Bangal and as such, it was an attempt to
commit the black marketing of the grains.
Let the Sub Divisional Officer, Barsoi examine
whether the place where the petitioners'' truck was intercepted goes
to the shop/depot of the petitioners. If the rout/road goes opposite to
the direction of the petitioners'' shop/depot, in such circumstance,
the petitioners may not have any case, but if the route goes towards
the petitioners'' shop/ depot then only on suspicion the licence of
the petitioners cannot be cancelled.
The order of the S.D.O. Barsoi as well as the order of
the Collector, Katihar are kept in abeyance. Let there should be a
fresh inquiry in the matter, whether the truck of the petitioners
which was inspected was moving quite opposite direction of the
destination of the petitioners'' shop/depot or it may be moving
towards the destination of the petitioners'' shop/depot.
Let the petitioner appear before the S.D.O., Barsoi
along with this order on 10.04.2017. The S.D.O., Barsoi after
giving proper hearing will pass appropriate order in accordance
with law.
With the aforesaid observations and directions, this
writ application is disposed of.