Once the State in its clear terms admitted the non-promulgation of the notification, the entire exercise of alleged disposal of sugar and registration of the FIRs is wholly erroneous, illegal, arbitrary, against the settled provisions of law and judgments cited at bar, much less, provisions of the Act. Nothing prevented the State to promulgate the notification, as it had been done in past i.e. notification dated 08.05.1992 (Annexure P/2A). The reply of the State is bereft of any of pleadings, much less, any order passed under the provisions of Section 3 of the Act of 1955, in essence, the order of the District Magistrate in disposing of the sugar, in my view, is also bad in law, though the orders are concurrent. Once being a case property, it is the Court, who has the power to deal with it i.e. by taking up the proceedings under Section 451 of the Code of Criminal Procedure. This would be only when there is no order under Section 3 of the Cr.P.C. The alleged raid was conducted by the officials of department of Food and Civil Supplies with the help of police. Such raid would not tantamount to comply with the provisions of Section 3 i.e. passing of order of seizure or confiscation. There has to be a specific order with regard to seizure or confiscation.
