IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.843 of 2008 DARSAN SAH Versus STATE OF BIHAR & ANR ----------- 4. 8.9.2009 Heard learned counsel for the petitioner and the State. A criminal prosecution has been initiated against the petitioner under Section 7 of the Essential Commodities Act being Kanti P.S. Case No. 174 of 2008. The submission on behalf of the petitioner is for release of the seized rice and wheat pending the disposal of the criminal prosecution. The submission is that the items are perishable commodities, and it shall be to the benefit of none to allow the same to rot. Reliance has been placed on the State amendment to Section 6A of the Essential Commodities Act, more particularly Section 6A sub Clause 6 of the powers of the Collector to pass order for disposal of such property notwithstanding the provision of the Code of Criminal Procedure. The Collector has been vested with the powers otherwise vested in the Criminal Court with regard to items falling under the Essential Commodities Act. Therefore, his powers have to be exercised in a manner commensurate with the provisions of the Code of Criminal Procedure unless there be special reasons for not doing so. Section 451 of the Code of Criminal Procedure expressly provides for appropriate orders with regard to perishable 2 commodities pending the criminal trial. The Collector is directed to dispose off the issue of release of rice and wheat of the petitioner in accordance with law within a maximum period of four weeks from the date of receipt/production of a copy of this order before him. The writ application stands disposed with the aforesaid direction. Let this order be communicated to the Block Supply Officer, Muzuffarpur by FAX at the cost of the petitioner. P. Kumar (Navin Sinha, J.)