IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.97 of 2010 SHASHIDHAR SAH Versus STATE OF BIHAR & ANR ----------- 4 20.8.2010 The petitioner prays for quashing the seizure of 137 bags of sugar, each of 50 Kgs., weighing 68.5 quintals, by the Block Supply Officer, Amarpur, Banka on 17.8.2009 giving rise to Amarpur P.S. Case No.188/2009 under section 7 of the E.C. Act and for release of the aforesaid sugar in his favour. The prosecution case in short is that the petitioner was not able to produce any paper for storing sugar in such a large quantity. It is alleged that in view of scarcity of sugar the same was being brought under regulation by notification no.3236 dated 14.8.2009 and as such no one can trade in sugar without appropriate licence after the aforesaid date. Learned counsel for the State submits that the petitioner did not bring to the notice of this court that on 22.9.2009 a confiscation proceeding has already commenced and the Marketing Officer was directed to put the sugar on auction. Mr. N.K.Agrawal, learned Sr.Counsel appearing on behalf of the petitioner submits that the notification dated 14.8.2009 itself would not bring out the law on the subject of controlling sugar unless and until it is published in the gazette and duly published as per sub-section 5(a) of section 3-A of the E.C.Act. He submits that even after order dated 22.9.2009 despite the order of the Collector to put the sugar on auction sale, no one had come to purchase the same in the auction till 26.7.2010, the date on which this court passed 2 KHAN interim order. He submits that the sugar in question is lying under seizure of the respondents. Sub- section 5(a) of section 3-A of the E.C.Act states that in the case of an order of a general nature or effecting a class of persons, be notified in the official gazette. He further submits that Annexure-E to the counter affidavit is a mere communication for publication in Gulzarbagh press. In the case of McDowell & Company Vs State of Bihar, reported in 2003 P.L.J.R. 475 has emphasized that apart from publication, the notification should be transmitted to all the concerned District Magistrate as a part of wide publication. It further appears from the order dated 12.10.2009 passed in C.W.J.C.No.12427 of 2009, Annexure-3, that still the State was not able to produce gazette publication incorporating the notification of the State Government dated 14.8.2009. As sugar is one of the essential commodities and the respondent authorities yet has not been able to sell the sugar which was put on auction, this court directs that the same be released in favour of the petitioner on furnishing sufficient security, 10% of which would be in form of cash security, to the satisfaction of the Collector, Banka. The release of the sugar in question shall be subject to the final orders passed in the confiscation proceeding as also in the criminal case. Let this order be communicated to the Collector, Banka through fax at the cost of the petitioner. (S.P.Singh,J) 3