IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12598 of 2009 PREM JHA @ PREM KUMAR JHA, SON OF LATE GANESH JHA, RESIDENT OF BEHTA WEST, P.S. BENIPATTI, DISTRICT MADHUBANI---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, BENIPATTI, MADHUBANI---RESPONDENTS. ----------- 03. 13.10.2009 Learned counsel for the petitioner is permitted to correct the averments made in paragraph-9 of this application. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner is the proprietor of a diesel outlet. From his outlet 2,740 liters of diesel and 1,670 liters of petrol was seized and this writ application has been filed for a direction to release the seized petroleum products. In terms of the provisions contained in Section 6A of the Essential Commodities Act, the authority vested with the power to consider the release/confiscation of the seized item is the Collector of the District. 4. In the circumstances, having heard counsel for the parties, I direct the petitioner to file representation annexing a copy of this order before the Collector, Madhubani for release of the aforesaid petroleum products and the representation be considered and disposed of by the Collector in accordance with law as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order. While considering the request of the petitioner for release of the petroleum products learned Collector shall also consider the submission of the petitioner that the search and seizure effected by the officer was wholly without jurisdiction. The aforesaid two facts be considered in the light of the release order passed by this Court in other cases. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)