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Challenge to order of search and seizure by Regional Textile Commissioner under Textile Notification, violation of citizen's rights under the Constitution, legal aspects of the matter under Textile (Control) Order, validity of search and seizure without foundation, application of legal principles for quashing criminal proceedings in Writ Court. Analysis: The High Court at Calcutta addressed a writ petition challenging a search and seizure order by the Regional Textile Commissioner, made under Textile Notification No. CER/(18)/88-CLB. The petitioner contended that the seized articles had already been released, rendering the criminal proceeding infructuous. The court noted the requirement of a foundation for search and seizure under the Textile (Control) Order, emphasizing the need for a valid basis for such actions. The judgment referenced legal precedents to highlight the importance of protecting citizens from ill-founded prosecution or harassment, stating that search and seizure without foundation not only violates rights but also vitiates any subsequent proceedings. Further, the judgment delved into the legal principles for quashing criminal proceedings, citing the Bhajan Lal's case and setting out conditions for determining when a prosecution should be quashed. The court applied these principles to the case at hand, finding that the allegations were absurd and improbable, indicating potential malice. Consequently, the court quashed the search and seizure order, directing the petitioner to inform the Criminal Court for necessary action. The writ petition was disposed of with no order as to costs, and the parties were instructed to act on a certified copy of the judgment provided by the department within seven days. In conclusion, the judgment scrutinized the legality and foundation of the search and seizure order, emphasizing the need for a valid basis for such actions. By applying established legal principles for quashing criminal proceedings, the court found the allegations in this case to be absurd and improbable, leading to the order for quashing the search and seizure. The detailed analysis highlighted the importance of upholding citizens' rights and ensuring that legal actions are based on solid grounds to prevent harassment or unjust prosecution.
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