IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14577 of 2005 Shatrughan Prasad son of Ram Avatar Sah proprietor of Ravi Trading Company Sahebganj Bajar, resident of village-Sahebganj Karnaul, P.S.-Sahebganj, Dist.- Muzaffarpur. Versus 1. The State of Bihar 2. The District Magistrate cum Collector, Muzaffarpur. ---------------------------------- 2. 29.11.2011 Heard learned counsel for the petitioner and learned A.C. to S.C. 3 for the State. The writ petition has been filed against the order passed by the District Magistrate, Muzaffarpur in Confiscation Case No. 6/05-06 with regard to 38 quintals 96 Kg. 500 grams of rice belonging to the petitioner which was seized by the respondents alleging violation of the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as the ‘Act’). The said confiscation also resulted in institution of Sahebganj P.S. Case No. 97 of 2005 dated 13.06.2005 under Section 7 of the Act. Learned counsel for the petitioner submits that the said criminal case has since been quashed by this Court. On merits he submits that by amendment brought in the Act in Schedule 1 the word foodgrains has been deleted with effect from 12.10.2002 and thus the petitioner cannot be fastened with any liability under the Act for being in possession of the foodgrains which is the subject matter of the 2 confiscation. The petitioner has also brought on record certain receipts which goes to show that the said foodgrains were brought from other traders and the petitioner himself is stated to be a dealer in foodgrains. He therefore submits that in view of the amendment no prosecution, seizure or confiscation under Section 7 of the Act can be made against any individual, much less the petitioner. This being the position, the order dated 29.8.2005 passed by the Collector-cum District Magistrate, Muzaffarpur in Confiscation Case No. 6/05- 06 by which the seized articles have been confiscated is hereby quashed. The writ petition stands allowed. Anand Kr. (Ahsanuddin Amanullah, J.)