Calcutta High Court
Binode Kumar Laddha vs The State Of West Bengal on 1 January, 1800
Equivalent citations: 1996CRILJ992
ORDER Nurealam Chowdhury, J.
1. This application under Section 482 of the Code of Criminal Procedure is directed for quashing of the F. I. R., lodged by one Tarapada Ghosh, Inspector D. E. B., Nadia registered as Kotwali P. S. Case No. 297/95 dated 17-10-95 under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for violation of Para 3 of West Bengal Pulses, Edible Oil Seeds and Edible Oils (Dealers Licensing) Order, 1978, on seizure of a lorry WMK 5071, carrying 130 bags of linseed, each bag containing 90 kgs. with total weight of 117 quintals with relevant documents such as challans credit Memo etc. being despatched to the consignee Prabhu Udyog, I/I, Tarpan Ghat Road, Tollygunj Calcutta -53 by the consignee Seeta Ram Ladda & Sons as well as the investigation pursuant to the said F. I. R. and for release of the seized articles.
2. Appearing on behalf of the petitioner Mr. Debal Banerjee learned counsel submitted that the petitioner carries on business under the name and style of Seeta Ram Laddha and Sons, which is a sole proprietorship concern of the petitioner at Dalkhola in the district of Uttar Dinajpur, in the State of West Bengal, and is a dealer of non-edible seeds, particularly linseeds, the oil content whereof is an item of industrial use and linseed has not been declared as an Essential Commodity under the Essential Commodities Act, 1955 either by the Central Government or the Government of West Bengal.
3. Mr. Banerjee, drew the attention of the Court to the aforesaid F. 1. R. and submitted that the F. I. R. is absolutely misconceived and discloses no offence as sought to be established in the F. I. R. Mr. Banerjee further submitted that the definition of "Essential Commodity" as defined in Section 2(a) of the said Act, clearly indicate that "Linseed" cannot be an "Essential Commodity" as envisaged under the said Act.
4. Mr. Banerjee also submitted that the Central Government by notification dated 24th February. 1983, declared some seeds as "Essential Commodity" but "Linseed" has not been included as "Essential Commodity" in that notification also and accordingly the F. I. R. as well as the investigation is absolutely misconceived and an abuse of the process of law and is liable to be quashed in the interest of justice and for saving the petitioner from unnecessary harassment.
5. Mr. Banerjee cited the following decisions in support of his contentions :-
(i) 93 CWN 155 (Samarendra Nath Bhowmik v. The State of West Bengal).
(ii) (Giridharmal Kapur Chand v. Dev Raj Madan Gopal).
(iii) 1995 (2) All India Criminal Law Reporter 211 (SC) (Ganesh Narayan Hedge v. S. Bangarappa).
6. "Essential Commodity" as defined under Section 2(a) of the Essential Commodities Act, 1955 reads as follows :-
(a) "Essential Commodity" means any of the following classes of commodities :-
(i) Cattle Fodder, including oilcakes and other concentrates;
(ii) Coal, including coke and other derivatives;
(iii) Component parts and accessories of automobiles;
(iv) Cotton and woollen textiles;
Explanation :- In this sub-clause, "Drug" has the meaning assigned to it in clause (b) of Section 3 of the Drugs and Cosmetics Act, 1940.
(v) Foodstuffs, including edible oilseeds and oils;
(vi) Iron and Steel, including manufactured products of iron and steel;
(vii) Paper, including newsprint, paperboard and straw board;
(ix) Raw cotton, whether ginned or unginned, and cotton seed; (x) Raw Jute;
(xi) Any other class of commodity which the Central Government may, by notified order, declare to be an essential commodity for the purposes of this Act, being a commodity with respect to which Parliament has power to make laws by virtue of entry 33 in List III in the Seventh Schedule to the Constitution;
7. In the West Bengal Pulses, Edible Oilseeds & Edible Oils (Dealers Licensing) Order, 1978 "Dealer" and "Edible Oil" have been defined in para 2 (b) and 2(c) as follows:-
"Dealer" means a person engaged in the business of purchase, sale, or storage for sale, of any pulses, edible oilseeds or edible oils, whether or not in conjunction with any other business and includes his representative or agent.
"Edible Oil" means any oil used for human consumption and includes hydrogenated vegetable oils.
8. Para 3( 1) of the said control order reads as follows :-
No person having a stock exceeding ten quintals of all pulses taken together or exceeding a stock of five quintals of all edible oils including hydrogenated vegetable oils or exceeding a stock of thirty quintals of edible oilseeds including groundnut in shell Shall engage himself in any business as a dealer after the expiration of a period of fifteen days from coming into force of this paragraph except under and in accordance with the terms and conditions of licence granted in this behalf by the licensing authority.
9. Return to be submitted to the Licensing Authority in Form 10 (sic) also shows that "Oilseeds" and "Edible Oils" include the following only :-
II. Oilseeds :-
(a) Groundnut
(b) Mustard
(c) Other Oilseeds III, Edible Oils :-
(a) Groundnut Oil
(b) Mustard Oil
(c) Other Oils (i) Coconut Oil (ii) Palm Oil (iii) Rapeseed Oil (iv) Til Oil
(v) Sesame Oil
(vi) Cottonseed Oil
(vii) Sunflower Oil :
(viii) Taramira Oil
(ix) Soyabean Oil
10. Mr. Sengupta, learned counsel strenuously tried to submit that "Linseed" is meant for human consumption and as such it comes within the definition of Essential Commodity so as to attract the provisions of the Essential Commodities Act.
11. Considering the provisions of the Essential Commodities Act and the West Bengal Pulses, Edible Oilseeds and Edible Oils (Dealers Licensing) Order, 1978, as quoted above, this court has no hesitation to hold that "Linseed" cannot attract the provisions of the said Act and the Order and accordingly the F. I. R. recorded as Kotwali P. S. Case No. 297/95 dated 17-10-95 under Sections 7(1)(a)(ii) of the Essential Commodities Act as well as the investigation, pursuant to the said F. I. R. are liable to be quashed and are hereby quashed as the F. I. R. discloses no offence and the sezied articles are liable to be released and accordingly the Investigating Officer is directed to return the seized vehicle, articles and documents seized as per seizure list to the person entitled to those, forthwith and in any event not later than a fortnight from date.
12. The application is therefore allowed but there will be no order as to costs.
13. Office is directed to furnish the certified copy of the order if applied for, to the learned Advocates of the parties us expediliously as possible on usual terms.
14. Let a plain copy of the order countersigned by the learned Assistant Registrar (Court) be handed over to the learned Advocates for the parties as prayed for.
15. Liberty is given to the parties to communicate the gist of the order.