( 1 ) THE lorry was seized on the ground that an offence under the Essential Commodities Act was committed. The Joint Collector refused to release the lorry when an application was made by the appellant on the ground that the vehicle is consistently involved in a series of offences. Hence the writ petition was filed by the owner. But the learned single Judge dismissed the writ petition holding that the Joint Collector exercised his discretion declining to release the lorry and there is no error of law or jurisdiction. It is against this Judgment that the present writ appeal is preferred.

( 2 ) HEARD both sides. We do not think that the learned single Judge is justified in saying that the lorry cannot be released since it was involved in a number of offences. We gain support for our view from the proviso to S. 6a of the Essential Commodities Act, which reads as under :"provided that in the case of any vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the esse

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