Satyeshwar Roy, J.

1. The residential premises of the Petitioner and his brother Narendra Jhunjhunwala was inspected on 6.9.1987by the sub-Inspector of Police, Govindpur Police Station when 150 bags of Masoor Dal were found there. No document could be produced by the Watchman who was present there. On the basis of the information of the Sub-Inspector, First Information Report was drawn up in which it was alleged that the petitioner and his brother were carrying on business in essential commodity without license which was punishable under Sec. 7, of the Essential Commodities Act (the E.G. Act) and there under Sec. 414 of the Indian Penal Code as it appeared to be stolen article. A case was registered in the Special Court commonly known as Special Judge, E.C. Act as G.R. Case 2450 of 1987. A proceeding under Sec. 6A of the E.C. Act was also initiated in the court of the Deputy Commissioner, Dhanbad which was registered as Confiscation Case No. 49 of 1987.

2. By order dated 30.11.1987, the Deputy Commissioner accepted the show cause filed by the petitioner and dropped the confiscation proceeding. The Special Judge by order dated 6.1.1989 took cognizance of offence punishable u