IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.661 of 2007 POLICE RAI Versus THE STATE OF BIHAR & ORS ----------- 6 17.03.2009. Heard learned counsel for the parties. In the instant writ petition, the petitioner prays for quashing the proceedings initiated by the Collector, Vaishali under section 6A of the Essential Commodities Act (EC Act) vide order dated 12.6.2007 registered as cr miscellaneous no. 3 of 2007-08 and for consequent sell of rice in question seized under the aforesaid order. The petitioner submits that he is a transporter and not dealer under the EC Act. He submits that he challenges the seizure on the ground that the Assistant Sub Inspector of Police is not competent to make search and seizure. He further submits that it would appear from the FIR that search and seizure was done by one Gayanand Singh Rathore who was ASI posted at Hajipur. He referred to a decision rendered in case of Narayan Prasad Vs the State of Bihar, reported in 1998(2) PLJR 330, wherein Division bench of this Court quashing the confiscation proceeding under section 6A of the EC Act held that Assistant Sub Inspector of police has no authority to carry out search and seizure. The State counsel submits that the petitioner is neither an owner of the seized rice nor his agency is valid one. In the circumstances, confiscation proceeding as above initiated under section 6A of the EC Act is quashed. Shashi. (S.P.Singh,J). - 2 -