Sanjay Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11051 of 2016 =========================================================== Sanjay Kumar Sah, Son of Ganjay Sah, resident of Village- Satghara, P.s.- Rajnagar, Distt- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar through the Collector, Madhubani.

2. The Collector, Madhubani.

3. The Block Supply Officer, Rajnagar, Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Vijay Kumar Verma, AC to GA-2 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 23-11-2016 Heard learned counsel for the petitioner and state. The petitioner seeks release of the Pickup Van bearing registration no. BR-32K-4246 which was seized for contravention of the provisions of Essential Commodities Act and a police case bearing Rajnagar P.S. Case No.233 of 2015 under section 7 of the Essential Commodities Act was registered on the allegation that the Pickup Van was carrying food grains belonging to the Food Corporation of India. A confiscation proceeding has also been initiated as Confiscation Case no. 40/2015-16.

It is contended on behalf of the petitioner that the aforesaid Pickup Van is lying uncared in the premise of the police

Patna High Court CWJC No.11051 of 2016 dt.23-11-2016 2/3 station in open sky and that would rot, if it is not handed over to the petitioner.

A counter affidavit has also been filed on behalf of the State stating that a police case and confiscation case have also been initiated against the petitioner.

Having regard to the aforementioned facts and circumstances, this Court deems it fit and proper to direct the confiscating authority to provisionally release the Pickup Van bearing registration no. BR-32K-4246 in favour of the petitioner on furnishing sufficient security/ surety/ guarantee to the satisfaction of the Collector, Madhubani and after due verification of ownership and further with a condition that whenever the vehicle in question would be required either in the confiscation proceeding or police case, that has to be produced by the owner in whose favour that would be released and further that the petitioner would not dispose of, alter or modify the vehicle till the aforesaid cases are pending. The release would be subject to the result of the confiscation case as well as the final result of the criminal case concerned.

It is expected that the whole exercise would be completed within a period of 08 weeks from the date of receipt/

Patna High Court CWJC No.11051 of 2016 dt.23-11-2016 3/3 production of a copy of this order.

This disposes of the writ petition.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 29.11.2016 Transmission Date N.A.