IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12618 of 2009 BINDA SAH . Versus THE STATE OF BIHAR & ANR . ----------- 4. 28.01.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order dated 10.7.2009 in Misc. Case No. 5 of 2007-2008 directing confiscation of 55 bags of wheat and 15 bags of rice each weighing 50 Kilograms. Learned Counsel for the petitioner submits that rice and wheat are otherwise free sale commodities. There is no material in the FIR that the food grains seized were of the nature and quality sold through the Public Distribution System only. The mere fact that charge sheet may have been submitted without any discussion in the impugned order of the satisfaction during investigation that the food grains were of a nature and quality sold through the Public Distribution System, there was no justification for confiscation. Learned Counsel for the State from the impugned order is unable to demonstrate the satisfaction of the Court that there is any discussion of the nature and quality of the food grains in the charge sheet based on which confiscation has been ordered. In order to invoke powers of confiscation under Section 6A of the Essential Commodities Act there has to be a satisfaction that the food grains constitute an essential commodity. To constitute an essential commodity the food grain had necessarily to be of a nature sold through the Public Distribution System only as otherwise the food grains in questions were free sale commodities. In absence of any identification that the food grains were of a nature and quality sold through the Public Distribution System only and discussion of the satisfaction in the impugned order, the impugned order suffers from gross non-application of mind when it treats submission of a charge sheet only as sufficient to direct confiscation. The charge sheet at best is an expression of an inconclusive opinion and cannot be given a conclusive attire. The impugned order dated 10.7.2009 is set aside. If the food grains have been sold in pursuance of confiscation the petitioner is entitled to be paid costs thereof in accordance with law within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)