B.C. Chakrabarti, J. - (1.)This is an application under Article 227 of the Constitution's and is directed against an appellate order dated April 26, 1082 made in Criminal Appeal No. 53 of 1981 by the learned Additional Sessions Judge, First Court, Bankura affirming an order dated September 28, 1981 passed by the learned Sub -divisional Magistrate, Sadar, Bankura. By the said order the learned Sub -divisional Magistrate in exercise of his power under Sec. 6A (1) of the Essential Commodities Act 1955 confiscated certain seized goods, being pulses and edible oils of varying quantities, The learned Sub -divisional Magistrate found that the petitioner was running a shop and trading in those articles without holding a licence issued under the West Bengal Pulses, Edible Oil Seeds and Edible Oils (Dealers Licencing) Order 1973. The petitioner took a plea that he had a licence and that he had applied for renewal of the licence hut the renewed licence was not issued or the date of the seizure. The plea taken by the petitioner was overruled and there was an order confiscating the goods seized. Being aggrieved the petitioner filed an appeal which was disposed of by the Learned Additional Sessions Judge, Bankura. The Learned Additional Sessions Judge dismissed the appeal affirming the order passed by the learned Sub -divisional Magistrate (Executive).
(2.)Being dissatisfied with the order the petitioner moved the present revisional application under Article 226 of the Constitution.
(3.)Mr. Ghosh appearing for the petitioner wanted to make out a case that the appeal against an order of the Executive Magistrate confiscating seized goods lay before the Sessions Judge and that the Sessions Judge though not acting as a persona designata was not competent to transfer the case to an Additional Sessions Judge for disposal