JUDGMENT S. P. Sinha, J. This application has been filed by Shambhu Prasad Sah, the owner of a truck bearing registration no. BRJ 3151, for the release of the truck which has been seized in connection with Jamtara P.S. Case no. 6 (5) 76. The allegation is that this truck was carrying rice beyond the limits of the State of Bihar when it was apprehended near Chittranjan Railway Station on the 11th May, 1976, at about 5.30 in the morning. The truck has since been in the custody of the Jamtara Police station. 2. An objection has been raised on behalf of the opposite party that since confiscation proceedings have been started for confiscating the said truck, the provisions of section 6A (6) of the Essential Commodities (Bihar Third Amendment) Ordinance, 1976 (Bihar Ordinance No. 123, 1976) (hereinafter referred to as 'the Ordinance') gets attracted and, consequently the jurisdiction of the Collector with regard to the disposal of the truck becomes exclusive. It can not now be interfered with by any authority, except the authority appointed under the said Ordinance. According to the learned Counsel for the opposite party, therefore, even if this Court passes an order releasing the truck, it would be an in fructuous order and this Court will definitely not like to pass an in fructuous order. It may be necessary to note that section 6A of the Essential Commodities Act (herein after referred to as 'the Act') has been amended from time to time, with regard to its application, by a series of Ordinances passed from time to time. The latest one in this connection is Ordinance No. 123 of 1976, referred to above, [which repeals prior Ordinances promulgated in that connection. Section 6A of the Ordinance is to the effect that where any essential commodity is seized in pursuance of an order made under section 3 of the Act, the seizure shall be reported without any reasonable delay to the Collector of the district in which such essential commodity is seized. Section 6A of the Ordinance is to the effect that where any essential commodity is seized in pursuance of an order made under section 3 of the Act, the seizure shall be reported without any reasonable delay to the Collector of the district in which such essential commodity is seized. The Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, whether or not the prosecution is instituted for the contravention of such order and, if the Collector is satisfied that there has been a contravention of the order, be may order confiscation of, besides the essential commodity, also the vehicle, vessel or other conveyance used in carrying such essential Commodity. By virtue of sub-section 8 of section 6A, the Collector is vested with the same powers as is vested in a Court under the Code of Civil Procedure, 1908, in making enquiries under section 6A in respect of matters which include receiving evidence on affidavits and summoning and enforcing the attendance of any person and examining him on oath. Sub-Section 6 of section 6A needs to be quoted in extenso, and it reads as under : “Notwithstanding anything to the contrary contained in the Code of Criminal Procedure 1973 (Act No. II of 1974) when Collector or the appellate authority is seized with the matter under this section no court shall entertain any application in respect of essential commodities, any package, covering, receptacle any animal, vehicle or other conveyance used in carrying such commodities as far as its release, distribution, etc. is concerned and the jurisdiction of Collector the appellate authority with regard to the disposal of the same shall be exclusive." 3. In view of the specific provisions of the Ordinance, it cannot but be held that when a commodity has been confiscated, be it an essential commodity itself or be it a vehicle on which such essential commodity was being carried, the authority of the Collector is exclusive and the jurisdiction of the Courts, barring, of course, the appellate authority named in the said Ordinance, is ousted. 4. In order, therefore, to be definite as to whether a confiscation proceeding has been started and what was the stage of the said proceeding, the records of the said proceeding were called for. 4. In order, therefore, to be definite as to whether a confiscation proceeding has been started and what was the stage of the said proceeding, the records of the said proceeding were called for. The proceeding is numbered as Confiscation Proceeding Case No. 31 of 1976 of the Office of the Deputy Commissioner, Santhal Parganas. The order-sheet entry dated the 12th May, 1976 in the said confiscation proceeding is to the effect that a report has been received from the officer-in-charge of Jamtara Police station regarding the seizure of the truck bearing Registration No. BRJ 3151 and a prayer has been made that the said truck be confiscated under section 6 A of the Act. The order passed by the learned Deputy Collector is that he was satisfied that the truck was engaged in contravening the provisions of the Act and that, therefore, a confiscation proceeding should be started by serving a notice on the owner of the truck to show cause against the proposed confiscation. The date fixed fur showing cause was the 18th of May, 1976, but it appears that owing to the learned Deputy Commissioner being otherwise busy, the matter could not be taken up on the 18th of May, 1976 nor on the subsequent dates fixed in the matter. Thus, the position at present is that the truck is lying seized with the officer-in-charge of the Jamtara Police station and the learned Deputy Commissioner has asked the owner of the truck to show cause against confiscation of the truck. The learned Deputy Commissioner has yet to decide whether or not to confiscate the truck. In other words, the truck is not in the custody of the Deputy Commissioner, but he has taken a step for deciding as to whether he should confiscate the truck. 5. The purport of sub-section (6) of section 6 A of the Ordinance, which has already been quoted earlier, is that once the Collector or the authority, "is seized with the matter under this section" no court shall entertain any application in respect of the essential commodities, package, covering, receptacle, animal vehicle or other conveyance used in carrying such commodities. The matters relating to their release, distribution, etc. shall be within the exclusive domain of the Collector or the appellate authority. The matters relating to their release, distribution, etc. shall be within the exclusive domain of the Collector or the appellate authority. The question which immediately arises is as to the meaning of the expression" is seized with the matter under this section" occurring in sub-section 6 of section 6A of the Ordinance. According to the learned counsel for the petitioner, the expression "the matter" means the article which is the subject matter of confiscation, namely, the essential commodity, or the package, or the covering, or the vehicle used for carrying the essential commodity, unless the matter is in actual physical possession of the Collector or the authority dealing with the confiscation proceeding, it is submitted, the authorities named in sub-section 6 of section 6A of the Ordinance "is not seized with the matter under this section" .According to the learned Counsel for the State, however the expression "the matter" means "the case" that is, as soon as a case for the seizure of any essential commodity, package, etc, or vehicle, etc, has been reported to the Collector, the Collector will be deemed" to be seized with the matter under this section." 6. To me, it appears that both the interpretations are faulty. Section 6A of the Ordinance covers two matters: (i) the subject matter of confiscation and (ii) proceedings for confiscation. If the subject-matter has been seized by the Collector but no proceeding for its confiscation has been started by him, or, where a proceeding has been started by him without taking the subject matter in his custody, the Collector cannot be said" to be seized with the matter under this section". If the Collector is not seized with the matter under this section, the appellate authority would be equally so. In my opinion, therefore, the expression "seized with the matter under this section" must be understood as meaning that the article proposed to be confiscated has been taken into custody by the Collector and through him by the appellate authority and a step has been taken towards confiscating the same. Confiscation it must be clearly understood is a step next after seizure. There can be no confiscation without first seizing. 7. The scheme of the Ordinance also supports this interpretation. Confiscation it must be clearly understood is a step next after seizure. There can be no confiscation without first seizing. 7. The scheme of the Ordinance also supports this interpretation. In terms of sub-section (I) of section 6A, after an essential commodity is seized for violation of an order made under section 3 of the Act, the seizure has to be reported without any unreasonable delay to the Collector of the district concerned. If the article seized is an essential commodity, the Collector, if he thinks it expedient, may inspect it and then he is required to deal with the commodity in such a manner as the nature of the commodity may require. Say, for example, if it is a perishable commodity subject to speedy and quick decay, this would require to be sold out. The price is then to be deposited for dealing with it in the manner depending upon the turnout of the case. Sub-section 2, 3, 4, and 5 of section 6A have been devoted to the manner in which an essential commodity, after being seized and the seizure being reported, has to be dealt with. Now, so far as the goods other than the essential commodity is concerned, section 6A lays down that the Collector has first to be satisfied that there has been a contravention of the order made under section 3 of the Act. The steps envisaged for reaching the stage of section 6A of the Ordinance are (1) of receiving the report relating to contravention, (ii) of being satisfied about there being a contravention (iii) of inspecting and taking charge of the article or article, that is, seizing it and (iv) of proceeding to confiscate. The expression "is seized with the matter under this section" occurring in sub section 6 of section 6A has to be understood in this background. Now, in the instant case, the Collector has received a report about truck no. BRJ 3151 being engaged in contravening section 3 of the Essential Commodities Act and he has felt satisfied about the fact reported. He has, however not made up his mind whether to confiscate the truck, and, therefore, without taking the truck in his own custody has issued a show cause notice to the owner of the truck as to why the same should not be confiscated. He has, however not made up his mind whether to confiscate the truck, and, therefore, without taking the truck in his own custody has issued a show cause notice to the owner of the truck as to why the same should not be confiscated. Such being the stage at which the case stands, the Collector is not yet seized with the matter under section 6-A of the Ordinance. Consequently the bar of sub-section 6 of section 6A of the Ordinance does not affect the application for an order for the release of the truck. 8. I, accordingly, direct that the truck, bearing registration no. BRJ 3151 shall be released to the petitioner, who is its owner, on furnishing such security as the Deputy Commissioner, Santal Parganas, may determine to be fair and reasonable. The security shall, however, in no case exceed one and a quarter time the present value of the truck. It is, however, made clear that the owner shall produce it whenever required to do so in connection with the confiscation proceeding (Confiscation case No. 31 of 1976). The application is, accordingly, allowed. Application allowed.