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The Bombay High Court on Thursday advised the Controller of Rationing to refrain from seizing vehicles carrying essential commodities without adequate grounds.
Such actions would affect the trading activities and even the Supreme Court has deemed them a reason enough for the aggrieved to seek damages, the High Court said.
The court was hearing a petition filed by Navi Mumbai- based AMLF Logistics Pvt Ltd, which is in the business of transporting edible and non-edible oils, seeking to quash an FIR and show-cause notice issued in March 2013.
Petitioner's lawyer advocate P A Pol said that eight trucks of his client were seized in March. Four were empty and the remaining contained base oil.
The government lawyer argued that trucks were carrying palm oil and some other substance which appeared to be a solvent, and samples had been sent to a laboratory to see if it was hazardous. The cargo was returned and only the trucks were in the custody of authorities, the state submitted. "Why would you keep the trucks if the commodities have been returned?" the court asked. "This will affect the trading activities."
Pol contended that base oil did not even come under the purview of Essential Commodities Act. His client was only a transporter and the Act does not apply to it, he said, which the HC agreed with.
"Detaining" of the vehicle is illegal and not permissible and it will not allow the authorities to continue actions of these nature, the High Court said, directing the authorities to decide by Monday if they were ready to release the vehicles. If not, the court will order release, it said.
