JUDGMENT : Anand Pd. Sinha, J.–This Criminal revision application is directed against the ORDER :dated 22.7.1981 passed by the learned Collector, Dhanbad in confiscation case no. 10 of 1981 and the ORDER :dated Ist Mach, 1982, passed by the learned Additional Sessions Judge 2nd Court, Dhanbad in Cr. Appeal No. 338 of 1981, by which certain bottles of Horlicks had been seized and confiscated. 2. As a matter of fact, the learned Collector, Dhanbad had confiscated certain quantities of Ghee and Horlicks but in appeal, the learned Additional Sessions Judge, Dhanbad, had set aside the ORDER :of confiscation relating to Ghee and had confirmed the ORDER :relating to Horlicks. 3. Learned Counsel appearing on behalf of the petitioner has pointed out relevant portion of the ORDER :of the learned Collector which runs as follows : "The second plea taken by the O.P. is that 109 pieces of Sunlight soaps and 36 dozens of 40 gms. of Surf were sold on the same day and therefore, their shortage is obvious in the stock. He has produced the cash memo books before me but the raiding party did not see the cash memo book nor it has been mentioned in the report. Therefore, I have no option but to accept the contention of the O. P. about Horlicks also same argument have been advanced. Since the cash memo had not been seized nor even copies and, therefore, in this case also I have no option but to accept the contention of the O. P.”. 4. Therefore, in view of the finding of the learned Collector as quoted above, it appears that the portion of the ORDER :confiscating the Horlicks does not appear to be consistent. 5. In addition, in Schedule I, which has been appended to the Bihar Essential Articles (Display of Price and Stock) ORDER :, 1977, there is no mention of the Horlicks. Item No.14 mentioned duly 'Tinned Milk' and 'Baby food'. I am afraid Horlicks can never be put under the category of 'Tinned Milk' and 'Baby Food'. 6. That being so, the impugned ORDER :s cannot be allowed to stand with respect to Horlicks even. 7. In the result, this Criminal revision application is allowed. The impugned ORDER :s are set aside. The seized and confiscated Horlicks shall be released to the petitioner at once. 6. That being so, the impugned ORDER :s cannot be allowed to stand with respect to Horlicks even. 7. In the result, this Criminal revision application is allowed. The impugned ORDER :s are set aside. The seized and confiscated Horlicks shall be released to the petitioner at once. If the articles have already been released on security, then the security money will be released.