Acquittal from criminal charges under the Essential Commodities Act entitles the plaintiff to claim compensation for financial losses due to unlawful seizure and state must honor legitimate claims without relying on technicalities.

JUDGMENT :

A.C. BEHERA, J.

1. This 2^nd appeal has been preferred against the reversing judgment.

2. The appellants of this 2^nd appeal, i.e. State of Orissa and its officers were the defendants before the trial court in the suit vide M.S. No.05 of 1997 and they were the respondents before the 1^st appellate court in the first appeal vide M.A. No. 02 of 2000.

3. The respondent of this 2^nd appeal was the sole plaintiff before the trial court in the suit vide M.S. No.05 of 1997 and he was the appellant before the 1^st appellate court in the 1^st appeal vide M.A. No.02 of 2000.

4. The suit of the plaintiff (respondent in this 2^nd appeal) before the trial court vide M.S. No.05 of 1997 was a money suit against the defendants for realization of sum of Rs.49,449/- with pendente lite and future interest at the rate of 12% per annum along with additional claim at the rate of Rs.500/- per month with interest thereon since October, 1994 till the realization of the same from the defendants.

5. The case of the plaintiff against the defendants as per the averments made in his plaint was that, he (plaintiff) being the sole proprietor of M/s. Jagannath Traders, he was doing the business of grocery items. On 25.11.1988, the plaintiff purchased 100 bags of rice from Sri Gayatri Traders at Berhampur on payment of Rs.32,700/- through proper bills/receipts and dispatched the same to Nuagaon in the district of Phulbani by a truck bearing Registration number ORL-1232 for unloading of the same at Nuagaon in his business godown. As the plaintiff had some works at Berhampur, for which, he (plaintiff) handed over the way-bills to the driver of that truck. During the course of transportation, the plaintiff paid sales tax at Bhanjanagar through the driver of the truck to the tune of Rs.1308/- as per receipt No.11 dated 26.11.1988. On the way, the officers of Regulated Marketing Cooperative Society, Tikabali also collected a sum of Rs.327/- as per receipt No.42 dated 26.11.1988 from the driver of that truck. The loaded truck carrying 100 bags of rice reached at Nuagaon on 26.11.1988. While there was unloading of the rice bags in presence of the driver of the truck, during that time, surprisingly the Assistant Civil Supply Officer, Balliguda(defendant no.3) along with its staffs seized the said truck and 100 bags of rice of the plaintiff and locked to the godown of the plaintiff and also sealed the same. On 18.12.1988, the defendant no.3, i.e., Assistant Civil Supply Officer, Balliguda prepared a seizure list and handed over the seized rice bags in the zima of one Balarama Panigrahi and subsequent thereto submitted a prosecution report under Section 7 of the Essential Commodities Act, 1955 against him(plaintiff) alleging contravention of clause-2(b)(g), clause-3(1), clause-6(a), (b) and (d) and also clause-8 of ORISSA RICE AND PADDY CONTROL ORDER , 1965. In addition to the above criminal case under Section 7 of the Essential Commodities Act, 1955 against the plaintiff an another proceeding under clause-6(a) of the Essential Commodities Act, 1955 was also initiated before the District Magistrate-cum-Collector, Kandhamal vide Confiscation Proceeding No.02 of 1989 for confiscation of the seized rice bags. As per the final order of the collector, Kandhamal in Confiscation Proceeding No.02 of 1989, the seized rice bags were sold through public auction by fixing upset price thereof as Rs.200/- per quintal. Accordingly, sale proceeds of the seized rice bags, i.e., Rs.19,606/- were kept under the deposit of Government Treasury.

6. The final order