Ashutosh Kumar, J.

A Division Bench of this Court, while deciding the correctness of the order of confiscation under the Essential Commodities Act, 1955 (in short the E.C. Act, 1955) of food-grains and vehicles on which the same was being carried as well as the Appellate order and the order passed by the learned Single Judge in C.W.J.C. No. 2151 of 2015 (Baleshwar Roy Vs. The State of Bihar & Ors.) upholding the correctness of the aforesaid two orders, viz., the confiscation order as well as the appellate order, referred the matter to the Full Bench and framed the following terms of reference to be decided and answered by it:

(A.) Whether the Collector, who has seized any animal, vehicle, vessel or other conveyance used in carrying essential commodity, has the jurisdiction to release such animal, vehicle, vessel or other conveyance, and if so, on what conditions?

(B.) Whether the separation of judicial and executive functions will empower the Collector to confiscate the animal, vehicle, vessel or other conveyance without trial as the deprivation of a property can