1. This is a reference under S.438, CrPC made by the learned. Sessions Judge, Goalpara with recommendation for setting aside the impugned order and for return of paddy or the sale price thereof to the accused - petitioner.

2. The petitioner's shop at Sukchar was searched by the Supply Inspector on 12-11-65 and found a stock of 58 bags of Ahu paddy weighing 34.80 quintals and the paddy was seized. The accused - petitioner could not produce any license for dealing in paddy as required under Clause 3 of the Assam Foodgrains (Licensing and Control) Order, 1961 (hereinafter called the 'Assam O.1961'). The Supply Inspector submitted an offence report against the petitioner with necessary sanction for prosecution under S. 7 of the Essential Commodities Act for violation of the provisions of the said Clause of the Assam O.1961. The case was tried summarily by the learned Magistrate as pro