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Judgment
M. Jaichandren, J.—Heard Ms. B. Ganthimathi, the learned Counsel appearing for the petitioners and Mr. V. Manoharan, the learned
Government Advocate appearing for the respondents.
It is submitted by the learned Counsel appearing for the petitioners that the first petitioner is a licensed trader of paddy and rice, doing business
in the name and style of Ambiga Stores. The second petitioner is the owner of the Tempo Van bearing Registration No. TN-72-Z 950. In the
course of his business, the first petitioner had placed orders before the Guru Murugan SR Rice Mill at Ramakrishnapuram, Nanguneri Taluk, for
the purchase of 101 bags of rice. Based on the orders placed by the first petitioner, the said Guru Murugan SR Rice Mill had raised Bill No. 1,
dated 12.12.98, and the rice was loaded in the second petitioner''s tempo van and taken to the first petitioner''s place of business at Nagercoil.
However, the second respondent had intercepted the vehicle and seized the tempo van and the 101 bags of rice, on the alleged suspicion that the
tempo van had 24 bags of rice meant for the Public Distribution System. In spite of the fact that a valid bill and the other relevant documents were
available with the driver of the tempo van at the time of the seizure, the first respondent had confiscated the 24 bags of rice and imposed a fine of
Rs. 2,000/- on the tempo van owner, by his proceedings No. F192155/98, dated 23.7.1999.
It is submitted by the learned Counsel appearing on behalf of the respondents that as against the impugned order passed by the first respondent
a statutory appeal is available to the petitioners, u/s 6-C of the Essential Commodities Act, 1955. Section 6-C of the Essential Commodities Act,
1955, reads as follows:
6C. Appeal.- (1) Any person aggrieved by an order of confiscation u/s 6-A may, within one month from the date of the communication to him of
such order, appeal to the State Government concerned and the State Government shall, after giving an opportunity to the appellant to be heard,
pass such order as it may think fit, confirming, modifying or annulling the order appealed against.
(2) Where an order u/s 6-A is modified or annulled by the State Government, or where in a prosecution instituted for the contravention of the
order in respect of which an order of confiscation has been made u/s 6-A, the person concerned is acquitted, and in either case it is not possible
for any reason to return the essential commodity seized, such persons shall, except as provided by Sub-section (3) of Section 6-A, be paid the
price therefore as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the
essential commodity and such price shall be determined -
(i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of Sub-section (3-B) of Section 3 ;
(ii) in the case of sugar, in accordance with the provisions of Sub-section (3-C) of Section 3 ; and
(iii) in the case of any other essential commodity, in accordance with the provisions of Sub-section (3) of Section 3 .
However, the learned Counsel appearing for the petitioners had submitted that at the time of the filing of the writ petition, the appellate authority
had not been designated, as provided under the Act. Therefore, the petitioners have come before this Court, by way of filing the present writ
petition, under Article 226 of the Constitution of India. It is also submitted that at present the District Court, Kanyakumari, has been designated as
the appellate forum, u/s 6-C of the Essential Commodities Act, 1955, to hear and decide the appeals.
Considering the facts and circumstances of the case, the petitioners are granted liberty to file an appeal before the designated appellate authority,
as provided under the law, within a period of four weeks from the date of receipt of a copy of this order. On such appeal being filed, the appellate
authority is expected to dispose of the same, expeditiously.
The writ petition is disposed of with the above direction. No costs.