JUDGMENT :

Chitta Ranjan Dash, J.

1. There are two appeals – one is FMA 764 of 2022 arising out of WPA No. 17375 of 2021 (Sk. Abdul Majed & Ors. Vs. The State of West Bengal & Ors.) and another MAT 910 of 2022 arising out of WPA 18630 of 2021 (Sk. Manowar Ali & Ors. Vs. The State of West Bengal & Ors.).

2. Both the aforesaid appeal having involved common question of fact and law, they are taken up together for disposal by this common Judgement.

BACKGROUND FACTS

3. In third amendment of the Constitution of India in Entry 33 of List-III (Concurrent List) of Schedule-VII Trade and Commerce in X X (b) foodstuffs inter alia other items were included. Thereafter the Central Government enacted Essential Commodities Act, 1955 (‘EC Act’ for short) giving the same due protection under Article 31B of the Constitution of India. Section 3 of ‘EC Act’ vested power in the Central Government to provide for regulating or prohibiting the production supply and distribution of essential commodities and trade and commerce therein by issuance of requisite order. Section 5 of the ‘EC Act’ empowers the Central Government by notified order to delegate its power to the State Governments to make requisite order a