State of Haryana vs Anil Kumar Kapoor

V.M. Jain, J.

This revision petition has been filed by the State of Haryana against the order dated 30.7.1996, passed by the Addl. Sessions Judge, directing the State of Haryana to open the seals of the ice factory and to handover the possession of the same to the accused respondent, in a case under Section 7 of the Essential Commodities Act.

Facts, relevant for the decision of the present revision petition, are that a case under Section 7 of the Essential Commodities Act was registered against the accused respondent on 26.6.1996. Under the orders of the Deputy Commissioner, ice factory of the accused respondent was ordered to be sealed. Thereafter, the accused respondent filed an application before the learned Addl. Sessions Judge (Special Judge under the Essential Commodities Act) for opening the seals of the ice factory. Before the learned Addl. Sessions Judge, learned Public Prosecutor conceded that the premises had been sealed under the provisions of the Epidemic Diseases Act, 1897 and also conceded that there was no power of sealing the premises. Accordingly, learned Addl. Sessions Judge, vide order dated 30.7.1996, ordered that the seals of the ice factory be broken and the possession of the ice factory be handed over to the accused. It is against this order of the learned Addl. Sessions Judge that the State of Haryana filed the present writ petition in this Court.

Learned counsel for the State has submitted before me that under Section 2 of the aforesaid Act, the State had the power to take such steps which were necessary to prevent the outbreak of any dangerous epidemic disease. It has been submitted that under the provisions of Section 2 of the said Act, Haryana Government had issued notification dated 10.1.1996, which was published in the Haryana Government Gazette dated 12.3.1996, vide which the Deputy Commissioner, concerned had been empowered to order the closure of any ice factory.

I have gone through the provisions of the aforesaid Act and the aforesaid notification. As referred to above, the Deputy Commissioner has been empowered under the aforesaid notification to order closure of an ice factory. In the present case, ice factory of the accused respondent was ordered to be sealed. There is no power with the Deputy Commissioner or any other authority to seal the ice factory. Under these circumstances, in my opinion, learned Addl. Sessions Judge was perfectly justified in ordering that the seals of the ice factory be broken and the possession of the same be handed over to the accused respondent. The question as to whether the ice factory had to be closed or not, shall be determined by the concerned authority, in accordance with law, if so advised. So far as the present revision petition is concerned, the same is hereby dismissed.

Revision dismissed.