Judgment S.K.Chattopadhyay, J. 1. In the present writ application, the order of confiscation dated 1-6-1987 (Annexure-4) has been impugned. Though, there provision of appeal, the petitioner moved this Court without availing the statutory appeal mainly on the ground that the constitution of the appellate authority was bad in law. 2. As several cases of this nature were pending before this Court and by an order dated 3-8-1987 a Division Bench of this Court directed this case to be listed after disposal of Cr. W. J. C. No. 163 of 1986 (R) or any other case that may be heard early. However, the operation of impugned order as contained in Annexure-4 was stayed. On 21-9-1990 the Division Beach considering the fact that the matter is pending since 1987, directed the petitioner to file appeal under Section 60 of the Essential Commodities Act and admitted this application. 3. Mr. Dayal has frankly submitted that pursuant to the direction of this Court whether any appeal was filed by the petitioner or not is not known to him inasmuch as no instruction has been received. 4. I have perused the decision in the case of M/s. Bhojpur Galla Bhandar V/s. State of Bihar, reported in 1988 PLJR 913. A Division Bench of this Court refused to entertain the writ application on this point mainly on the ground that the petitioner instead of filing appeal before the statutory authority moved this Court in the writ application raising the jurisdictional point. 5. Apart from this, by a judgment dated 5-7-1990, in Criminal Writ No. 163 of 1986 (R) has been disposed of, in which a learned Single Judge of this Court has observed to the effect that "now the matter has been settled by the High Court that the constitution of the appellate authority is not bad in law". 6. In such view of the matter, I find no merit in this application and the same is dismissed.