P.S. Sahay, J.- The petitioners have moved this Court for quashing the seizure of fertilizers (Annexure-I), which was done under the provisions of Fertilizers (Control) ORDER :, 1957 and the show cause notice issued under the confiscation proceeding (Aanexure-4), the ORDER :of the Collector passed in the proceeding under section 6A of the Essential Commodities Act.

2. Certain facts have to be stated in ORDER :to appreciate the points. Petitioner no. 1 is the licensee under the Fertilizers (Control) ORDER :and petitioner no. 2 is the employee. On 13.9.1980 the Anchal Adhikari (respondent no. 3) came to the shop of the petitioners and after breaking open the lock verified the stocks and a first information report was lodged on 19.9.1980. The fertilizers were seized and a seizure list was prepared, which is Annexure-I. Thereafter, first information report was lodged, a copy whereof has been filed as Annexure-2. A proceeding under section 6A of the Essential Commodities Act was started in ORDER :to confiscate the seized stocks of fertilizers and notice was served on the petitioners (Annexure-4). The learned Collector by his ORDER :dated 22.6.1931 ORDER :ed for confiscation of