Ganga Prasad v. The State Of Bihar, Through The Principal Secretary, Food And Civil Supply, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1530 of 2018 ====================================================== Ganga Prasad, Son of Late Gori Shankar Prasad, Resident of Village- Sahar Telpa, Police Station- Karpi, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Food And Civil Supply, Bihar, Patna.

2. The District Magistrate, Arwal.

3. The Superintendent of Police, Arwal.

4. The Deputy Superintendent of Police, Gopalganj.

5. The Station House Officer, Karpi (Sehar Telpa O.P.), P.S.- Arwal. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr. S. Raza Ahmad (Aag 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The present writ application has been filed for a direction to the respondent authorities to release the 310 bags of the rice belonging to the petitioner, which has been seized by the police in connection with Karpi (Sahar Telpa O.P.) P.S. Case No. 146 of 2017, District- Arwal for the offence under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for release of the seized rice.

Patna High Court Cr. WJC No.1530 of 2018 (3) dt.25-07-2018 Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the 310 bags of seized rice of the petitioner be released on the petitioner furnishing two sureties to the extent of the value of the rice with two sureties of the like amount to the satisfaction of S.D.J.M., Arwal/authority concerned. At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the rice in question shall also be prepared and keep the same on record which may be used as secondary evidence. Petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of rice in question for use in course of trial or the confiscation proceeding, as the case may be. The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha/Ved U T