Learned advocate for the petitioners submitted that the impugned orders in these petitions are contrary to provisions of Section 6A and Section 2[i][a] of The Essential Commodities Act, 1955 inasmuch as the confiscation is to be ordered by the Collector and the Collector is defined in Section 2[i][a] of the Act and accordingly the Collector, includes Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be authorized by the Collector to perform the functions and exercise the powers of the Collector under this Act. It is further submitted that nowhere it is mentioned that the officer, who has issued show cause notice and the proceedings pursuant to the said show cause notice culminated into the order of confiscation of the stock, is authorized by the Collector.
In view of the above, issue notice returnable on 10th April, 2012.
The respondent authority shall specifically file the reply dealing the above contention in addition to other contentions raised in the petition.
[Anant S. Dave, J.] *pvv Top