IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.629 of 2011 Bishundeo Yadav @ Bishundeo Yadav, son of Late Sita Ram Yadav, r/o village- Bichhawe, P.S. Sikandra, District- Jamui. . . . . . . Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate-cum-Collector, Jamui. 3. The Sub-Divisional Judicial Magistrate-cum-Special Court (7 E.C. Act), Jamui. 4. The Deputy Collector, incharge Legal Branch, Jamui. 5. The Block Supply Officer, Sikandra, P.O.-Sikandra, District- Jamui. . . . . . Respondents. For the Petitioner : Mr. Bindhkeshari Kumar, Sr. Adv. For the State : Mr. Rakesh Kumar Samrendra SC-21. ----------- 2/ 01.07.2011 Heard learned counsel for the parties. The petitioner is aggrieved by order dated 13.09.2010, passed by the District Magistrate-cum-Collector, Jamui in Confiscation case no. 03 of 2006, whereby he has been pleased to reject the application dated 12.06.2009 filed by the opposite party / petitioner under Section 6 C (2) of the E.C. Act to release the confiscated Kerosene Oil measuring 3600 litres or the sale amount thereof with interest at the rate of 15 % per annum from the date of seizure. The petitioner is a P.D.S. dealer and had a license to trade in Kerosene oil. He submits that Sikandara P.S. case no. 33 of 2006 was instituted under Section 7 of the E.C. Act. Soon thereafter a Confiscation case bearing case no. 03 of 2006 was started under Section 6 of the E.C. Act by the District Magistrate- cum-Collector, Jamui. The petitioner submits that police after investigation submitted final form in his favour finding the case to be a mistake of fact. The trial court accepted the police report and discharged the petitioner on 04.01.2008 in criminal case bearing 2 G.R. No. 280 of 2006, arising out of Sikandra P.S. case no. 33 of 2006. After discharge, the petitioner filed application before the District Magistrate-cum-Collector, Jamui either for release of Kerosene Oil or in alternative to pay the equivalent value of it along with interest in terms of Section 6 (C) (2) of the E.C. Act. Counsel for the State seeks time to file counter affidavit. Normally I would have allowed the State Counsel to file counter affidavit but as the similar issue in question has been decided by a Bench of this case in case of Gulab Chand Prasad Vs. The State of Bihar & Ors. Reported in 2010 (2) PLJR 316. I do not find it expedient to adjourn the case for filing counter affidavit. It would even appear from the order of the District Magistrate-cum-Collector, Jamui rejecting the application of the petitioner for release of the Kerosene Oil or in alternative to pay the equivalent value that the latter has been discharged in criminal case instituted under Section 7 of the E.C. Act. Once the petitioner is acquitted under Section 7 of the E.C. Act against which no appeal has been preferred, he would be entitled to relief as provided under Section 6 (C) (2) of the E.C.Act. This Court in case of Gulab Chand Prasad Vs. The State of Bihar & Ors. (Supra) relying upon another judgment of this court in case of Nathuni Sah Vs. The State of Bihar & Ors. Reported in 1997(1) PLJR 800 held that once the P.D.S. dealer is discharged / 3 acquitted in criminal prosecution, he would be entitled to return of the articles or its price with interest. The learned Judge granted 15 % interest on the value of the seized quantity from the date of its seizure. As the matter is similar, the District Magistrate, Jamui would allow similar relief to the petitioner, as has been allowed in case of Gulab Chand Prasad Vs. The State of Bihar & Ors (supra). In case, the petitioner files an application before the District Magistrate, Jamui along with a copy of this order and copy of case of Gulab Chand Prasad Vs. The State of Bihar & Ors (supra), the learned District Magistrate, Jamui would pass appropriate order in the light of observation of this Court. This application is, accordingly, allowed and the impugned order dated 13.09.2010 passed by learned District Magistrate, Jamui in Confiscation case no. 03 of 2006 is set aside. Uday/ (Samarendra Pratap Singh, J.)