P.C. Borooah, J.

In this application under Article 227 of the Constitution, moved with notice to the State, the petitioners have impugned the validity of two order dated 21.12.79 and 14.2.80 passed by Sri C.R. Gautam, Additional District Magistrate, Howrah in connection with Howrah police Station Case No. 33 dated 18.12.79.

2. On December 18, 1979 the District Enforcement Branch, Howrah seized 140 bags of sugar weighing approximately 140 quintals from the possession of one Sriram Agarwala if 61, Chintamani Dey Road, Howrah: consequent to such seizure Howrah Police Station Case No. 33 dated December 18, 1979 was stated. The said seizure was also reported to the Additional District Magistrate, Howrah (being the Collector) under the Provisions of S. 6A of the Essential Commodities Act, 1955 (hereinafter the Act).

3. On receipt of such report the learned Magistrate by an order dated 21.12.79 started a confiscation proceeding and ordered issue of a notice to Sriram Agarwala under S. 6B of the Act directing him to show cause against confiscation by 2.2.80. He also by the same order, acting purportedly under S. 6A(2) of the Act, directed the seized sugar to be sold by the Investigati