MADHYA PRADESH HIGH COURT
, J
D. P. Pardhi – Appellant
Versus
State of Madhya Pradesh – Respondent
Writ Petition No. 1343 of 1973
| Table of Content |
|---|
| 1. seeking quashing of illegal seizure and prosecution based on licensing order. (Para 1 , 2 , 3) |
| 2. emphasis on harmonious construction in legal provisions. (Para 4 , 20) |
| 3. interpretation of licensing requirements for producers engaged as dealers. (Para 10 , 11) |
1. This is a petition tinder Art.226 and Art.227 of the Constitution of India, seeking to have the order of the second respondent, Collector, Jabalpur, dated 6-9-1973 (Petitioner's Annexure O) quashed as also the prosecution launched against the petitioner quashed on the grounds that the seizure of Vansada (vegetable oil) tins by the Collector was illegal inasmuch as the petitioner being a producer, did not at all require a licence under the Madhya Pradesh Hydrogenated Vegetable Oil Dealers' Licensing Order, 1968 .
2. The petitioner in the amended petition has prayed for the following reliefs :
(a) declare by an appropriate writ, order or direction the provisions of the Madhya Pradesh Hydrogenated Vegetable Oil Dealers' Licensing Order, 1968 , as ultra vires and illegal, by further quashing all actions taken by the respondents either by themselves or through their agents, employees, servants against the petitioner and their employees in pursuance thereof ;
(b) quash by an appropriate writ, order or direction the notice dated 6-9-1973 (Annexure O) issued to the petitioner by the second respondent, Collector, Jabalpur, and by an appropriate writ further quash the order dated 27-10-73, (Annexure Q), passed by the Collector, Jabalpur, respondent No. 2, to the petition, directing confiscation of the petitioner's goods, with a further direction to refund to the petitioner the sale proceeds of the confiscated goods sold in pursuance of the said order to the minimum extent of Rs. 3,56,173.06 paise being the statutory minimum price of the goods confiscated by the order impugned ;
(c) quash by an appropriate writ, order or direction the prosecution and the proceedings initiated by the State of Madhya Pradesh, respondent No. 1, for the alleged breach of the Licensing Order, against the employees of the petitioner, by further quashing the prosecution initiated thereafter, now pending and fixed for 3-10-1973 in the Court of the Judicial Magistrate, First Class, Jabalpur, in Criminal Case No. of 1973, State v. D. P. Pardhi and another ;
(d) direct by an appropriate writ, order or direction the return of the goods seized by the respondent No, 1, through its agents and / or employees vide seizure dated 22-6-1973, Annexure K, from the depot of the Berar Oil Industries, Akola at Jabalpur ;
(e) pending disposal of the petition by an ad interim writ stay ell proceedings before the Collector, the respondent No. 2, initiated in pursuance of the notice, Annexure O, dated 6-9-1973 ;
(f) pending disposal of the petition by an ad interim writ stay and / or suspend all further proceedings initiated by the State of Madhya Pradesh respondent No. 1, and now pending in the Court of the Judicial Magistrate, First Class, Jabalpur, in Criminal Case No. of 1973, State of M. P. v. D. P. Pardhi and another - pending and fixed for 3-10-1973 ;
(g) pending disposal of the petition by an ad interim writ, order or direction, issue necessary directions permitting the petitioner to dispose of the goods covered under the seizure - memo, dated 22-8-1973, Annexure K, on such reasonable terms and conditions as this Hon'ble Court deems fit and proper to impose.
3. The petitioner is a public limited company having its registered office at Bombay and it carries on the business of production and manufacture of vegetable oil product, commonly known as Vanaspati, refined vegetable oil, soaps, glycerine, solvent extracted oils and de - oil cakes. It owns the Berar Oil industries at Akola, which does this business of manufacturing. This business has been carried on by the petitioner even before the commencement of the Industries (Development and Regulation) Act, 1951. On coming into force of the said Act, the petiti
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