IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5184 of 2009 RAMANUJ SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3 21.07.2009. Heard learned counsel for the parties. The petitioner prays for quashing of the order dated 20.11.2008, passed by the Addl District and Sessions Judge, Gaya in Confiscation appeal no. 8 of 2008 by which he has remanded the matter to the Collector, Gaya to pass order for confiscation in accordance with provisions of sections 6A and 6B of the E.C. Act The petitioner submits that the search and seizure of rice, wheat, tractor, trailor, etc and instant confiscation proceeding in connection with Tekari police station case no. 140/2007 under section 7 of the EC Act is bad on the ground that it had been made by the officer who was not competent to make search and seizure. The Department of Food and Civil Supplies, Government of Bihar has notified the person who could exercise this power under section 3 of the EC Act read with Distribution & Control Rules, 2001. He further submits that in the instant case search and seizure was made by officer in charge who - 2 - was in the rank of Sub Inspector who is not an authorized officer in this regard. In support of his contention, learned counsel for the petitioner relied upon a decision in case of Sri Narayan Prasad @ Sri Narain Sao and five others Vs The State of Bihar through its Secretary, Food, Civil Supplies & Commerce Department, Patna and others, reported in 1998(2) PLJR 330. In this case, it has been held that a search and seizure made by incompetent officer is not a valid seizure and as such the very initiation of prosecution is bad in law. Learned counsel for the State submits that pursuant to the order of the appellate authority, matter is pending consideration before the Collector, Gaya who is confiscation officer also. After hearing the parties, the writ petition is disposed of with observation that Collector, Gaya would dispose of the appeal in accordance with law. It would be open to the petitioner to draw the attention of the learned appellate authority the decision reported in 1998(2) PLJR 330. Shashi (S. P. Singh, J.)