Vishal Seth v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2365 of 2017 =========================================================== Vishal Seth, S/o Munshi Ram, Resident of Mohalla- Harischandra Nagar, Bulandsahar, P.S.- Town, District- Bulandsahar (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.

2. The Collector, Siwan.

3. The Block Supply Officer, Maharajganj-cum-Darounda, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv. For the Respondent/s : Mr. Maruth Nath Roy, AC to SC-4 Mr. Arvind Ujjwal, SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 17-04-2017 Heard learned counsel for the parties.

The present writ application has been filed for release of Truck bearing No. UP13T/5517 in Confiscation Case No. 55 of 201617 arising out of Darounda P.S. Case No. 98 of 2016 under Section 7 of the E.C. Act.

The Truck, in question, was carrying 123 bags of rice of F.C.I. for black-marketing. After the seizure of the vehicle, the confiscation proceeding, Confiscation Case No. 55 of 2016-17 was instituted and the same is pending.

Learned counsel for the petitioner submits that the Truck, in question, is lying under the vagaries of the nature and makes a prayer that it would be released on the personal guarantee and security

Patna High Court CWJC No.2365 of 2017 dt.17-04-2017 furnished by the petitioner.

Learned counsel for the petitioner has further challenged the authority of the Collector to initiate a confiscation proceeding as has been claimed that entire power of confiscation lies with the Court and the proceeding before the Collector is without jurisdiction and an identical matter has been referred before the Division Bench in LPA No. 1647 of 2015.

In that view of the matter, let the Truck, in question, be released on the personal guarantee and proper security furnished by the petitioner to the satisfaction of the Collector, Siwan but, it is made clear that as and when the vehicle will be required, either before the Court or before the Collector, the petitioner will be obliged to bring the same for inspection. It is also made clear that during proceeding, the petitioner will not sale out the Truck or in any manner change the feature of the truck. If the Truck would require any repair, the same will be only done subject to permission of the Collector, Siwan. With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.04.2017 Transmission Date NA