S. P. Sinha, J.

This application has been filed by Shambhu Prasad Sah, the owner of a truck bearing registration no. BRJ 3151, for the release of the truck which has been seized in connection with Jamtara P.S. Case no. 6 (5) 76. The allegation is that this truck was carrying rice beyond the limits of the State of Bihar when it was apprehended near Chittranjan Railway Station on the 11th May, 1976, at about 5.30 in the morning. The truck has since been in the custody of the Jamtara Police station.

2. An objection has been raised on behalf of the opposite party that since confiscation proceedings have been started for confiscating the said truck, the provisions of section 6A (6) of the Essential Commodities (Bihar Third Amendment) Ordinance, 1976 (Bihar Ordinance No. 123, 1976) (hereinafter referred to as 'the Ordinance') gets attracted and, consequently the jurisdiction of the Collector with regard to the disposal of the truck becomes exclusive. It can not now be interfered with by any authority, except the authority appointed under the said Ordinance. According to the learned Counsel for the opposite party, therefore, even if this Court passes an order releasing the truck, it would be an in fructuous order and this Court will definitely not like to pass an in fructuous order.

It may be necessary to note that section 6A of the Essential Commodities Act (herein after referred to as 'the Act') has been amended from time to time, with regard to its application, by a series of Ordinances passed from time to time. The latest one in this connection is Ordinance No. 123 of 1976, referred to above, [which repeals prior Ordinances promulgated in that connection. Section 6A of the Ordinance is to the effect that where any essential commodity is seized in pursuance of an order made under section 3 of the Act, the seizure shall be reported without any reasonable delay to the Collector of the district in which such essential commodity is seized. The Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, whether or not the prosecution is instituted for the contravention of such order and, if the Collector is satisfied that there has been a contravention of the order, be may order confiscation of, besides the essential commodity, also the vehicle, vessel or other conveyance used in carrying such essential Commodity. By virtue of sub-section 8 of section 6A, the Collector is vested with the same powers as is vested in a Court under the Code of Civil Procedure, 1908, in making enquiries under section 6A in respect of matters which include receiving evidence on affidavits and summoning and enforcing the attendance of any person and examining him on oath. Sub-Section 6 of section 6A needs to be quoted in extenso, and it reads as under :

“Notwithstanding anything to the contrary contained in the Code of Criminal Procedure 1973 (Act No. II of 1974) when Collector or the appellate authority is seized with the matter under this section no court shall entertain any application in respect of essential commodities, any package, covering, receptacle any animal, vehicle or other conveyance used in carrying such commodities as far as its release, distribution, etc. is concerned and the jurisdiction of Collector the appellate authority with regard to the disposal of the same shall be exclusive."

3. In view of the specific provisions of the Ordinance, it cannot but be held that when a commodity has been confiscated, be it an essential commodity itself or be it a vehicle on which such essential commodity was being carried, the authority of the Collector is exclusive and the jurisdiction of the Courts, barring, of course, the appellate authority named in the said Ordinance, is ousted.

4. In order, therefore, to be definite as to whether a confiscation proceeding has been started and what was the stage of the said proceeding, the records of the said proceeding were called for. The proceeding is numbered