District v. Karamcheru

Petitioners claim to be the farmers of Swarna Village, Karamchedu Mandal, Prakasam District. They contend that all of them have purchased various quantities of Urea from M/s Sri Venkateswara Fertilizer Agencies of that village on 22.10.2004, and for the sake of convenience, they have stored the Urea purchased by them in Sri Venkateswara Rice Mill of that village. The Agricultural Officer of Karamchedu along with Assistant Director of Agriculture visited the site on receiving a complaint about black marketing of Urea and effected seizure of 300 bags of 50 Kgs of each NFCL Urea and 102 bags of RCF Urea. Petitioners contend that the storage of the Urea by them in the premises of the rice mill was not with a view to sell or black market it, but on the other hand, was for the purpose of safe storage, so that it can be used at an appropriate time. Learned counsel for the petitioners seeks release of the seized quantity.

Learned Government Pleader for Civil Supplies, on the other hand, submits that the version put forward by the petitioners cannot be believed inasmuch a farmer would either store the purchased quantity of fertilizer at his residence or use in the fields, and he cannot be expected to store in huge quantities at other places. On effecting seizure of 402 bags of Urea, referred to above, the Joint Collector, Prakasam District, directed the Agricultural Officer and Fertilizer Inspector to dispose of the same to needy farmers. The question as to whether the seized quantity of fertilizer was held by any trader or was purchased by any farmers, needs to be considered at the disposal of the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’). The petitioners vehemently contend that it was purchased by them. The order of seizure, dated 23.11.22004, does not disclose that either there was any shortage of commodity or that any particular individual has resorted to acts of black marketing.