B.P.Singh, J.

1. In this application under articles 226 and 227 of the Constitution of India the petitioner has prayed for quashing of the criminal proceeding in Barauni Rail P.S. Case No. 140/90 (G.R. No. 2825/90). The ground on which the petitioner has prayed for quashing of the criminal proceeding is that the proceeding initiated against the petitioner u/s. 7 of the Essential Commodities Act is illegal, and for the same reason the confiscation proceeding initiated against the petitioner u/s. 6A of the Act in Cr. Misc. Case No. 29/90 pending before the Collector, Begusarai is also illegal. It is further prayed that this Court may be pleased to direct release of the sum of Rs. 1,60,560 which represents the sale proceeds of the foodgrains in question, namely wheat, which has been deposited in the Government Treasury.

2. The case of the petitioner is that it is a partnership firm carrying on business as general merchant and common &gent. Its normal place of business is Delhi and it holds a valid licence for carrying on business in wheat under the provisions of the Delhi Wheat (Licensing and Control) Order, 1988, and a copy of the licence issued in its name has been annexed a