This is a revision petition filed by the State of Gujarat under S. 435 of the Criminal Procedure Code against an order passed by the learned Additional Sessions Judge, Kaira at Nadiad, in Criminal Appeal No. 264 of 1970, allowing the appeal and setting aside the order passed by the Collector. Kaira District, confiscating 314 tins of ground-nut oil. The learned Additional Sessions Judge has further directed the Collector to determine the price of the goods seized under the provisions of sub-section (3)(b) of Section 3 of the Essential Commodities Act, 1955 (which will be hereinafter referred to as "the Act") and to pay the amount so determined, with reasonable interest thereon. This order is dated 16th June, 1972.

2. The aforesaid appeal was filed by present opponent Chimanlal Maganlal Shah, Partner and Manager of M/s. Chimanlal Maganlal Shah of Nadiad, under Section 6-C of the Act, against the order passed by the Collector of Kaira District, dated 30th September, 1970, ordering confiscation of 314 tins of ground-nut oil of the present opponent under Section 6-A of the Act. Opponent is a dealer in ground-nut oil and other articles at Nadiad and holds a licence under the provisions of Gujarat Ground-nut Dealers Licensing Order, 1966 (which will be hereinafter referred to as "the licensing Order"). On receipt of some information that the opponent was contravening the provisions of the Licensing Order and the terms of the licence, and was not maintaining proper accounts and registers, Supply Inspector, Kaira, raided his shop on 22nd September, 1970, at about 2.30 p.m. He found that there were certain irregularities in the maintenance of books of accounts and stock register of ground-nut oil and thereby he had committed breach of conditions Nos. 3 and 10 of the Licence issued to him. 314 tins of ground-nut oil, which were found lying in stock with him were seized by the Supply Inspector. He had also seized books of accounts, bill books and other relevant documents therefrom. After due inquiry, Supply Inspector made a report to the Collector recommending that action should be taken against the opponent for committing breaches of conditions Nos. 3 and 10 of the Licence and 314 tins of ground-nut oil seized therefrom should be confiscated. A show cause notice was issued by the Collector to the opponent on receipt of the said report under Section 66-B of the Act. In that notice, several charges were framed against the opponent. After giving him a personal hearing, the Collector, Kaira, passed an order on 30th September 1970, confiscating 314 tins of ground-nut oil seized.

3. Against that order of confiscation, the opponent filed an appeal. That appeal was formerly heard by learned Sessions Judge, Mr. V. R. Bhatia. He dismissed the appeal confirming the order of confiscation passed by the Collector by his order, dated 4th February, 1971.

4. Being aggrieved by that order, opponent filed Special Criminal Application No. 5 of 1971 in this Court under Article 227 of the Constitution of India. That application was heard by a Division Bench of this Court and by an order, dated 10th January, 1972, that application was allowed and the order passed by learned Sessions Judge, Mr. V. R. Bhatia, was set aside and the case was remanded for consideration of the following two points :

(1) Whether there was no charge that the alleged breaches were in respect of these very tins which had been confiscated ?

(2) Whether the order of confiscation is based upon extraneous consideration and hence illegal ?

The learned Additional Sessions Judge, on consideration of the evidence, came to the conclusion that there was no proof of the fact that the alleged breaches were in respect of these very tins which have been confiscated, and consequently, the act of the seizure of the goods and the order of confiscation are illegal. In that view of the matter, he did not decide the second point, whether the order of confiscation was based upon extraneous considerati