A.C.SEN GUPTA, J. - (1.) This revisional application is directed against the order dated 11-3-88 passed by the learned Collector in respect of certain goods that were seized in pursuance of an order made under S.3 of the Essential Commodities Act in relation thereto. The learned Collector in a proceeding under S.6A of the Essential Commodities Act, 1955, hereinafter to be described as the Act, hold that the seized articles are to be released but he opposite parties, that is to say, the present respondents, from whom the roods were seized. Being aggrieved by the order, the State of West Bengal his preferred this revisional application. The only point on which this matter is to be disposed of is whether the Collector had any power to release the goods so seized in exercise of his power under S.6A in a proceeding under S.6A of the Act.
(2.) Learned counsel appearing for the respondents argued before us that the Collector had ample power to release the goods in a proceeding under S.6A of the Act. In support of his contention, he drew our attention to the provision of S.6E as amended by the Amending Act 42 of 1986. The provision of S.6E of the Act is quoted below :- "Whenever any essential commodity is seized in pursuance of an order made under S.3 in relation thereto...............pending confiscation under S.6A, the Collector or, as the case may be, the State Government concerned under S.6C shall have, and, notwithstanding anything to a the contrary contained in any other law for the lime being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity".
(3.) He submitted that by this amended Section, the Collector has been given the power to make orders with regard to possession, delivery, disposal, release or distribution of such essential commodities.;