Nagendra Prasad Singh, J.

The petitioner in both these applications is Lowa Tanti alias Loba Tanti. He has filed the two applications, one under Articles 226 and 227 of the Constitution of India and the other under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code'), in the following circumstances :

2. On the 6th August, 1974 a flying squad, consisting of Shree S.N. Kanth, Deputy Collector, Baghmara, Shree K. K. Sharma, Sub-Inspector of Police, Shree Nizam Khan, Assistant Sub-Inspector of Police, Katras Police-Station, Shree T. P. Jaiswal, Assistant Marketing Officer, a Supply-Inspector and two constables, conducted a raid in the house of the petitioner. On search, 142 bags of food grains, such as rice, paddy and gram, weighing 132 quintals 34 Kgs. 500 grams, were recovered from the house of the petitioner. They further discovered that the petitioner was not holding any licence under the Bihar Food-grains Dealers' Licensing Order, 1967 (hereinafter referred to as the Licensing Order), and, as such, he was liable to be prosecuted under section 7 of the Essential Commodities Act, (hereinafter referred to as the 'Act'). The entire stock was seized, and, after seizure, a first information report was lodged before the Officer-incharge, Katras Police-Station, stating therein as to how the informant, along with other officers, first went to Katras Police-Station and from there, along with the aforesaid Sub-Inspector, Assistant Sub-Inspector and the Police constables, went to the house of the petitioner and found the aforesaid bags of food-grains on search, which were seized. Towards the end of the report it was stated that those seized bags of food-grains were being deposited with the said Officer-in-Charge of the Police-Station for proper custody. Copies of the first information report and the seizure list etc. were forwarded to the Sub-Divisional Judicial Magistrate, Baghmara. The Sub-Divisional Judicial Magistrate mentioned about the receipt of those documents in the order, dated the 8th August, 1974, The accused-petitioner was also produced on that date before the said Magistrate and was remanded to Jail custody by the same order.

3. It appears that a petition signed by the Sub-Divisional Magistrate, Baghmara was filed in the Court of the Sub-Divisional Judicial Magistrate, Baghmara on or before the 5th September, 1974. (From the records it could not be ascertained as to when actually the said petition had been filed. The petition is, however, signed by the Sub-Divisional Magistrate on the 31st August, 1974.) In the said petition it was stated that 142 bags of food-grains had been seized from the house of the petitioner and they had been kept in custody with the Assistant Godown Manager, Bihar State Food and Civil Supplies Corporation Private Ltd. at Katras (herein-after referred to as the 'Corporation') for safe custody as there was not sufficient space in the Katras P. S. Malkhana. It was also stated that, in order to save the food-grains from decay and deterioration, the stock of rice and paddy be released to the State Food and Civil Supplies Corporation at procurement price and the gram be released at the prevailing market rate of Rs 250/- per quintal. It was further stated that the price will be deposited by the Corporation through challan.

4. An application was also filed on behalf of the petitioner before the said Sub-Divisional Judicial Magistrate on the 5th September 1974 for release of those bags of food-grains saying that the petitioner was an agriculturist having agricultural lands and those food-grains had been seized from the house of the petitioner, and, as such, they should be released to the petitioner.

5. The learned Sub-Divisional Judicial Magistrate heard the petitioner as well as the Assistant Public Prosecutor, appearing for the State, on the question of release of the seized food-grains and passed an order on the 5th September, 1974 saying that the food-grains be s