ORDER 17.5.2005 — Heard learned counsel for the petitioner and the learned counsel for the State. 2. The order dated 9.3.2005 passed by the Collector,Angul in Confiscation Proceeding No.4 of 2005 initiated under Section 6(A)(2) of the Essential Commodities Act, 1955 is under chal¬lenge. 3. As it appears from the record that the vehicle in question was carrying kerosene in the fuel tank which is said to be used as fuel for the vehicle. Essential commodity (kerosene) and the vehicle were seized. After seizure of the vehicle, an application was filed for release of the same. The Collector, Angul in the impugned order allowed prayer subject to the condi¬tion that the petitioner shall pledge Rs.1,50,000/- in favour of the Collector, Angul in the shape of Demand draft which will be released/confiscated as per analysis report. Second proviso to Section 6(A)(1) of the Essential Commodities Act, 1955 provides that in the case of any vehicle used for the carriage of goods for hire, the owner of such vehicle shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price of the essential commodities sought to be carried in the vehicle on the date of seizure. In this case, it is alleged that 92 litres of kerosene had been used in the oil tank of the vehicle. In view of such proviso the prices of the vehicle becomes immaterial. Learned counsel for the petitioner relied upon a decision of the Andhra Pradesh High Court in the case of G. Subbarama Naidu -v- Joint Collector, Chittoor district and others, reported in AIR 1986 A.P. 82 . Since the Collector has lost sight of the aforesaid proviso, I set aside the order and remand the matter back to Collector for reconsideration of the matter taking into consideration the provisions of the Essential Commodities Act as well as the deci¬sion referred to above and take a decision within a period of 15 days from the date of receipt of this order. Urgent Certified copy of the order be granted on proper application. Matter disposed of.