This Writ petition was moved before this Court on September 5, 1988, challenging the search and seizure and initiation of criminal proceeding on the basis of the First Information Report, which is Annexure A to the Writ petition.

2. It appears from the First Information Report lodged by Amritalal Sinha Roy, Sub-Inspector of Police, District Enforcement Branch, Hooghly, dated August 18, 1988, that on the dale of seizure as per stock register total stock No. 1113.10 Kgs. of mustard seeds but 153 quintals mustard seeds have been shown entered twice on April 1, 1988. So 153 quintals of mustard seeds have been shown in excess. On physical verification it was found 1077.80 Kgs. So there is excess of mustard seeds 117 quintals 70 Kgs. On physical verification he found 30 Kgs. excess mustard oil and he could not maintain the account and other registers and stock board properly and so he violated the provision of para 3(2)(3) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 read with item VIII para 3(2) of section 3(1) of West Bengal Declaration of Stock and Prices of Essential Commodities Act.

3. This Writ petition, although was admitted by this