S.J.MUKHOPADHYA, J. - (1.) BOTH the writ petitions have been preferred by common petitioner, Ram Narayan Saw with two different prayer for same sets of fact.
(2.) IN WP (C) 3475/2001, while the petitioner made prayer for direction on the respondents to unseal the business premises and godown, in question, which was sealed on 4th July, 2000 by the Additional District Supply Officer. Latehar - - ADSO for short -along with the Market Secretary, Latehar; in WP (C) 3476/2001, the petitioner has challenged the order dated 7th August. 2000, passed by the Deputy Commissioner, Palamau in Misc. (Supply) Case No. 114 of 2000 -01, rejecting the prayer of petitioner to release the seized commodities like rice, aata, maida, wheat, and pulses which were confiscated under Section 6A of the E.C. Act The ADSO, Latehar along with the Market Secretary. Latehar seized certain rice, aata, maida, wheat and pulses from the business premises and godown of petitioner and registered a police case under Section 7 of E.C. Act and Section 31 of the Bihar Agriculture. Produce Market Act on 7th July, 2000. The Deputy Commissioner -cum -Collector, Daltonganj, Palamau passed order on 7th August, 2000 for confiscation of the commodities.
(3.) THE petitioner initially moved against the - order of confiscation before the Ranchi Bench of Patna High Court in CWJC No. 2515 of 2000 (R), but it was withdrawn to move the appellate authority. The petitioner preferred appeal before the Food Commissioner, Government of Bihar but, in the meantime vide a Notification dated 5th October, 2000, the power was vested with the District Judge under Section 6 of the E.C. Act.;