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2023 Supreme(Ori) 179

S. K. MISHRA
Madhab Chandra Sahoo – Appellant
Versus
Collector-cum-district Magistrate Nayagarh – Respondent


Advocates:
Ms. S. Mohapatra, Proxy Counsel on behalf of Mr. B. Mohanty, Advocate, for the Appellant; Mr. B. Panigrahi, Advocate, for the Respondent.

JUDGMENT

S.K. Mishra, J.

The Petitioners have preferred the present Writ Petition praying therein to quash the Order dated 05.09.2014 (Annexure-1) passed by the Collector, Nayagarh in E.C. Case No.2 of 2014 under Section 6A of the Essential Commodities Act, 1955, shortly herein after referred to as 'the Act', with a further prayer to direct the Opposite Parties to return the confiscated articles i.e. paddy crops amounting to Q. 142.58 KG (204 jari bags).

2. The case of the Petitioners is that, on 17.02.2014 at night, one Gobinda Chandra Champati, who was the owner of the truck bearing No.OD-02J-2720, sent his vehicle with loaded brinjals to Berhampur. When the said truck was returning on the next date i.e. 18.02.2014 morning, after unloading the brinjals, the Petitioner No.1, who was a farmer, along with other co-villagers/farmers, the present Petitioner Nos. 2 to 4, approached the driver of the said vehicle to carry their paddy bags to the Rice Mill of M/s Subhalaxmi Agencies Pvt. Ltd., at Sunakhala for milling of their paddy. On being so approached, the driver of the vehicle agreed to bring the paddy to the said Rice Mill. But, on the way, at Village Khatia, the Officer In-Charge (O

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