Both these Writ Petitions can be disposed of by a common order, as the question that falls for consideration is one and the same.

The petitioners are the owners of vehicles, which were also seized due to their involvement in illegal transportation or intended transportation illegally of scheduled/essential commodities meant for public distribution as the case may be. Section 6-A (1)(c) of the Essential Commodities Act, 1955 empowers apart from seizure of any essential commodity, pursuant to an order passed under Section 3 of the Act, any animal, vehicle, vessel or other conveyance used in carrying such essential commodity also to be seized and later on, if the offence is held established, can be confiscated as well to the State. The second proviso incorporated to sub-section (1) is relevant and it reads as under:

“Provided further that in the case of any animal, 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 essential commodity sought to be