BERI, J.—This is a writ petition under Article 226 of the Constitution of India wherein the petitioner prays for a direction that 167 gunny bags of skimmed milk powder seized from him by the Sub-Divisional Officer, Ajmer be restored to him.

2. The facts material for the disposal of this petition as alleged are these. The petitioner carries on business in dairy products throughout India. On 10.8.1960, Shri Kajaria, Proprietor of Konar Enterprises, Jaipur sold and delivered 334 bags of 50 lb. each of skimmed milk powder to the petitioner for Rs. 36,000/-, who obtained a receipt for the payment. The petitioner, around the midnight of 12th and 13th August, 1960, was carrying this milk powder from Ajmer to Jaipur. In the course of transit 10 miles away from Ajmer, at Gagwana, this consignment of 334 bags was seized by the Sub-Divisional Officer, Ajmer. The petitioner says that the officer seized his milk powder as he was interested in another partys appointment as dealer in skimmed milk in the District. The petitioner was released on executing a personal bond and the matter was entrusted by the Sub-Divisional Officer to the police for investigation. The Petitioner contends that there is no legal authority for the action of the Sub-Divisional Officer. Because his efforts with the District authorities yielded no result the petitioner has moved this Court.

3. The respondents have filed an affidavit in answer. They contend that Konar Enterprises were appointed as dealers for the distribution of skimmed milk powder by the State of Rajasthan for the District of Ajmer. This milk, which was imported from U. S. A. through the State Trading Corporation (Private) Ltd., New Delhi, for the whole of India, was intended to reach the consumers at fixed price of 72 N. P. per lb. in small quantity of 2 lb. per individual within the area for which a dealer was appointed by the State. Contrary to these conditions, which Konar Enterprises had undertaken to fulfil, they sold the milk to the petitioner at the rate of Rs. 2/16 per lb. and the milk was being whisked away out of the District of Ajmer and the State of Rajasthan. Shri Kajaria and the petitioner thus appear to have committed offences under sections 406, 411 and 114 I.P.C. for which they have been sent up for trial before a competent court under challan dated 12.10.1960.

4. We have heard Shri Tyagi for the petitioner, Shri Kan Singh for the respondents, Collector, Shri Bhargava for the interveners the residents of the District of Ajmer, and Shri Baijal for the respondent Shri Deena Nath Jain.

5. Shri Tyagi has urged that Konar Enterprises were the owners of the skimmed milk in question and they could and did sell the same to the petitioner who was a bonafide purchaser for value and, therefore, as an owner entitled to deal with the milk he purchased as he liked. The learned Government Advocate, on the other hand contended that Konar Enterprises held the milk in question in trust for the beneficial use of the people of Ajmer District or they held under an obligation in the nature of a trust and could not legally dispose of the same to the petitioner. Both the learned counsel, however, agree that any opinion or observation on questions such as these is likely to prejudicially affect the pending criminal case in which the petitioner is also an accused. Moreover, neither the State of Rajasthan nor Shri Ram Niranjan Kajaria another accused in the criminal case are parties to this petition. Therefore, we propose saying as little as is absolutely necessary for the decision of this petition regarding matters touching the criminal case.

6. A reference to Ex. A/14 dated 13.8.1960, which is a communication addressed by the Sub-Divisional Officer, Ajmer, to the Deputy Superintendent of police, would show that the Sub-Divisional Officer received information to the effect that skimmed milk entrusted to Konar Industries for distribution to the people of Ajmer district was being taken away out of the District. He ac

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