Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16410 of 2018 ====================================================== Rajesh Kumar, son of Yogeshwar Singh, resident of village Chananiya Saidpura, P.S. Surajgarha, district Lakhisarai . Petitioner

Versus

1. The State of Bihar through Principal Secreary, Food & Civil Supply Department, Bihar

2. The Collector, Lakhisarai

3. The SDO, Lakhisarai

4. The Block Supply Officer, Pipariya, Lakhisarai ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agarwal, Sr. Adv. with Mr. Vijay Anand, Adv.

For the Respondents :

Mr. S.Raza Ahmad, AAG V with Mr. Anisul Haque, AC to AAG V ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2018 Heard Mr. N.K. Agarwal, learned Senior Counsel for the petitioner assisted by Mr. Vijay Anand, learned counsel appearing on behalf of the petitioner and the learned counsel appearing for the State.

2. Petitioner seeks release of 430 bags of rice, containing 215 quintals, seized by the Block Supply Officer, Pipariya, Lakhisarai, which gave rise to Halsi (Ramgarh Chowk) P.S. Case No. 98 of 2018 under Section 7 of the Essential Commodities Act.

3. Learned counsel for the petitioner submits that the rice is a free sale commodity since the year 2002. The petitioner is neither the PDS dealer nor in any way related to PDS distribution system and the rice was loaded from M/s Maa Rice

Patna High Court CWJC No.16410 of 2018(2) dt.31-08-2018 2/2 Mill Chaniniya, the truck got stopped and the food grain seized. He submits that the petitioner is the rice mill owner in the district of Lakhisarai and not a PDS dealer. It is also submitted that rice being a perishable commodity be released in favour of the petitioner and he undertakes to furnish sufficient security.

4. Learned counsel for the State is present and is heard.

5. Considering the nature of prayer, let the food grains seized in connection with Halsi (Ramgarh Chowk) P.S. Case No. 98 of 2018 be released in favour of the petitioner on furnishing of sufficient security to the satisfaction of the Subdivisional Judicial Magistrate, Lakhisarai. The said release shall be subject to the final result of Halsi (Ramgarh Chowk) P.S. Case No. 98 of 2018 and the Confiscation Case No. 36 of 2018.

6. The writ application is allowed, as above. (Nilu Agrawal, J) Shamshad/- U