Juli Devi v. The State Of Bihar Through The Principal Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1592 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD =========================================================== Juli Devi W/o Mritunjay Kumar Singh, R/o Vill.- Obra, P.S.- Obra, DistrictAurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

3. The District Magistrate Cum Collector, Aurangabad.

4. The Sub-Divisional Officer, Aurangabad.

5. The Block Development Officer-cum-Food and Civil Supply Obra, Aurangabad.

6. The Officer in-Charge, Obra P.S., District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 03-07-2018 Learned counsel for the petitioner submits that the seized vehicle being Tempo of the petitioner is lying under open sky and is losing its worthiness since last ten months approximately. It is submitted that a case under Section 7 of the E.C. Act has been registered on the allegation that the vehicle was carrying 14 Pattas of rice each having 50 kgs. of weight. The petitioner submits that he would be ready and willing to abide by the terms and conditions for such release.

Patna High Court Cr. WJC No.1592 of 2018 dt.03-07-2018 2/2 Learned counsel for the State is present and submits that the case is of the year 2017 and he is not aware where a confiscation order has been passed in connection with this case. In the aforesaid circumstances, this Court would direct the release of the vehicle, if not already auction sold on the petitioner producing the document of ownership and registration in his favour with two sureties to the satisfaction of the District Magistratecum-Collector- Aurangabad. During initiation or finalization of the confiscation proceeding, the petitioner undertakes not to deal with the tempo in question in any manner creating a 3rd party interest and further undertakes to produce the vehicle as and when required before the competent authority.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date06-07-2018 Transmission Date 06-07-2018