IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4613 of 2008 Hari Narain Mahto, son of Devchandra Mahto, village Pohaddi, PS Bahera, Dist. Darbhanga – Petitioner. Vs. 1) The State of Bihar through the Collector, Darbhanga. 2) The Block Supply Officer, Benipur, Dist. Darbhanga – Respondents. 3 18.11.2011 Heard learned counsel for the petitioner and the Statte. The petitioner has prayed in this writ petition for release of seized 142 bags of rice and 58 bags of wheat weighing 50 kgs each. The said food grains was seized by the Block Supply Officer, Benipur in connection with Bahera PS Case No. 112/2007 instituted under section 7 of the Essential Commodities Act. Subsequently a supplementary affidavit has been filed annexing the order passed by this court on 2.2.2009 in Cr. Misc. No. 50990 of 2007 by which the criminal case has been quashed. It has also been stated that the Block Supply Officer has already sold the food grains and deposited the money in the treasury. Learned counsel for the petitioner relies on a judgment of this court in the case of Ram Sharan Sao vs. State of Bihar, 1977 PLJR 343 (DB) in which this court has interpreted the meaning of acquittal. While doing so, the court reverting to the facts of the case in Ram Sharan Sao has noticed that the petitioner was discharged in the case. A plea was taken on behalf of the State that discharge would not amount to acquittal and as such the petitioner would not be entitled for release of the food grains. While discussing this aspect of the matter, the court has interpreted section 6©(2) of the Essential Commodities Act 2 wherein acquittal has been defined and has held that it cannot be given a narrow meaning as argued by the State. The petitioner’s case stand on a better footing as the entire criminal case has been quashed and as such it is to be held that he has been set free of all charges against him. Under the circumstances the petitioner would be entitled to pray for release of the food grains before the Collector, Darbhanga within one month on receipt of a copy of this order. The Collector is directed to release the food grains/ money which has been deposited in the treasury as a result of sale of the food grains. This writ petition is, thus, allowed. haque ( Sheema Ali Khan, J .)