TMI Blog1984 (2) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... Pleader has obtained the records and instructions. 2. In this Petition under Articles 226 227 of the Constitution, the petitioner has sought for quashing the orders dated 18-1-84 and 19-1-84 (Annexures C D respectively) passed by the 2nd respondent. 3. On 15-1-1984, a lorry bearing Registration No. MYH 6109 was intercepted by the Police of Channarayapatna Police Station near Thirumala Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was a prima facie case for proceeding under S. 6A of the Essential Commodities Act, directed the rice to be taken towards levy and it be handed over to the District Manager, K. F. C. S. C., Hassan. The lorry was ordered to be released by obtaining an indemnity bond and surety worth ₹ 1,50,000/-. On 19-1-1984, the order dated 18-1-84 came to be modified and instead of taking the rice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case. There is no notice so far issued to the petitioner under S. 6B of the Essential Commodities Act (hereinafter referred to as the 'Act'). 5. Of course, under sub-sec. (2) of S. 6A of the Act, if the Dy. Commissioner is satisfied that the essential commodity produced before him is subject to speedy and natural decay or it is otherwise expedient to dispose of the same in the publi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose of the essential commodity under sub-section (2) of S. 6A of the Act. The power given to the Dy. Commissioner under sub-section (2) of S. 6A of the Act is very wide. There is every possibility of this power being exercised arbitrarily, unless the aforesaid two aspects are satisfied. It must be apparent from the order itself that there is application of the mind to the facts and circumstances o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved by quashing these two orders. Therefore, the only way left open is to direct the Dy. Commissioner to complete the proceeding under S. 6A of the Act, at the earliest. (3) The learned H.C.G.P. submits that the proceeding, under S. 6A of the Act, will be completed within two months. Accordingly, the 2nd respondent is directed to complete the proceeding under S. 6A of the Act, within two mont ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
