JUDGMENT B.N. Katju, J. - This is an application u/s 482 Code of Criminal Procedure filed by the State of U. P. praying that the order of the Sessions Judge, Basti passed in Criminal Appeal No. 202 of 1980 and the entire proceedings in the said appeal be quashed. 2. It appears that on 29-8-1980 803 bags of wheat were seized from the seven wagons in the railway goods shed of railway station Basti and 824 bags of wheat were seized from the railway goods shed of Basti for the contravention of Paragraph 3 of U. P. Food Grains Dealers (Licencing and Restriction of Hoarding) Order, 1976 by the Additional District Magistrate, Basti and a first information report was lodged by him at Police Station Kotwali on 30-8-1980 u/s 3/7 of the Essential Commodities Act (hereinafter referred to as the Act). 3. The Collector, Basti passed the under mentioned order on 31-8-1980: Report of Sri Jai Shankar Tripathi Sub-Inspector P.S. Kotwali and FIR lodged on 30-8-80 u/s 3/7 Act with regard' to 824 bags of wheat found in the Goods shed and 803 bags of wheat recovered in the various railway wagons have been attempted to be transported in violation of U. P. Food Grains Dealers Licencing and Restriction of Hoarding Order 1976. As such it is proved prima facie that violation u/s 3/7 U. P. Essential Commodities Act has been done. Where it is ordered that notice be issued to the persons concerned as to why the concerned wheat be not confiscated. As the wheat is likely to be damaged it should be handed over to Dy. R. M. O. Basti for issue to Fair Price Shops and to Tahsildars for Flood Relief Work. The cost will be deposited in the Court. 4. The Respondent filed appeal No. 202 of 1980 against the aforesaid order of the Collector, Basti dated 31-8-1980 in the court of the Sessions Judge, Basti and the learned Sessions Judge, passed the under mentioned order dated 8-9-1980: Issue notice. Stay sale meanwhile. 5. The cost will be deposited in the Court. 4. The Respondent filed appeal No. 202 of 1980 against the aforesaid order of the Collector, Basti dated 31-8-1980 in the court of the Sessions Judge, Basti and the learned Sessions Judge, passed the under mentioned order dated 8-9-1980: Issue notice. Stay sale meanwhile. 5. The Collector, Basti by his order dated 31-8-1980 directed the Respondent to show cause why the seized wheat be not confiscated u/s 6B of the Act and further directed that the wheat be handed over to the Deputy R. M. O. for issue to Fair Price Shops and to Tahsildars for Flood Relief Work and the cost to be deposited in Court u/s 6A(2) of the Act. No order was passed by the Collector Basti confiscating the wheat u/s 6A(1) of the Act as u/s 6C of the Act only an order u/s 6A(1) of the Act is appealable it is obvious that no appeal lay against the order of the Collector, Basti dated 31-8-1980. Criminal Appeal No. 202 of 1980 filed by the Respondent against the order of the Collector, Basti in the court of the Sessions Judge, Basti was thus not maintainable. The order of the Sessions Judge, Basti dated 8-9-1980 "Issue notice. Stay sale meanwhile" is thus wholly without jurisdiction. The aforesaid order and the entire proceedings in criminal appeal No. 202 of 1980, therefore, deserves to be quashed. 6. This application is accordingly allowed and the order of the Sessions Judge, Basti dated 8-9-1980 and the proceedings in criminal appeal No. 202 of 1980 Omkar v. State criminal appeal No. 202 of 1980are quashed.