IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12427 of 2009 SARYUG PRASAD SAH, SON OF LATE HARI PRASAD SAH, RESIDENT OF SIDHI MORE, P.S. AMARPUR, DISTRICT BANKA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, AMARPUR, BANKA---RESPONDENTS. WITH CWJC No. 11739 of 2009 PANKAJ KUMAR DAS, SON OF SRI SURESH CHANDRA DAS, RESIDENT OF KAJRELI ROAD, AMARPUR, P.S. BANKA, DISTRICT BANKA----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SUPPLY INSPECTOR, URBAN AREA, BANKA----RESPONDENTS. ----------- 06. 12.10.2009 Counsel for the State has filed counter affidavit in C.W.J.C. No. 12427 of 2009, which is taken on record. 2. Petitioners in the two applications are traders dealing in sugar/gur. They are aggrieved by the seizure of sugar/gur effected from their business premises on 17.8.2009 pursuant to notification of the State Government bearing Memo No. 3236 dated 14.8.2009 (Annexure-D to the counter affidavit filed in C.W.J.C.No.12427 of 2009) issued by the Food and Supply Department, Government of Bihar, Patna for their failure to be a licencee under the Essential Commodities Act(hereinafter referred to as “the Act”). 3. It is submitted on behalf of the petitioners that prior to issue of the notification dated 14.8.2009 there was no requirement in law to be a licencee under the Act for trading in sugar/gur. Till date the notification dated 14.8.2009 has not yet been published in the gazette, which is evident from notification dated 14.8.2009 itself, as in the notification itself instructions have been given to the Superintendent of the Secretariat Press, Guljarbagh to publish 2000 copies of the notification in the extra ordinary gazette of the State, - 2 - which the counsel for the petitioner states has not been published till date and the counsel for the State is not in a position to produce the same. In the circumstances, this Court proceeds on the basis that till date the extra ordinary gazette incorporating the notification of the State Government dated 14.8.2009 has not been published and circulated for the benefit of the public at large including the petitioners. 4. Having heard counsel for the parties, I direct that the sugar/gur seized from the business premises of the petitioners be released in their favour on furnishing sufficient security to the satisfaction of the Collector, Banka. The release shall be subject to the final orders passed in the confiscation proceeding as also in the criminal case. 5. Both the writ applications are, accordingly, disposed of. 6. Let this order be communicated to the Collector, Banka through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha, J.)