Judgment

TULZAPURKAR, J. :- This appeal by special leave is directed against the judgment and order of the Gujarat High Court dated Feb. 17, 1977 in Special Criminal Application No. 1 of 1977 filed under Arts. 226 and 227 of the Constitution whereby the High Court reversed the order of the learned Sessions Judge, Broach in Criminal Appeal No. 39 of 1975 and sent the matter back to the learned Sessions Judge for passing an appropriate order in regard to the question as to whether the entire seized stock of exercise-books of the appellant or part thereof should be confiscated under S. 6-A of the Essential Commodities Act, 1955. The question raised in the appeal is whether exercise books are covered by the item "paper" occurring in S. 2 (a) (vii) of that Act as also in Entry 13 of Sch. I to the Gujarat Essential Articles Dealers (Regulation) Order, 1971?

2. The question arises in these circumstance : The appellant Maharaja Book Depot is a partnership firm dealing in books and stationery articles at Rajpipla, District Broach. Its shop was inspected and searched by the Mamlatdar or Rajpipla on July 4, 1975 when certain alleged irregularities came to light. During the search 78 gross exerc