Ram Prakash Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4789 of 2019 ====================================================== Ram Prakash Sao Son of Huro Saw Resident of Village- Garhi Bishanpur, Post and Police Station- Surajgarh, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Department of Food and Civil Supply, Govt. of Bihar, Patna.

2.

The State of Bihar through the Principal Secretary Department of Food and Civil Supply, Govt. of Bihar, Patna.

3.

The District Magistrate Cum Collector, Lakhisarai. 4.

Superintendent of Police, Lakhisarai.

5.

Sub Divisional Officer, Lakhisarai.

6.

Block Supply Officer, Lakhisarai.

7.

Officer-in-Charge of Lakhisarai, P.S.- Kajra, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Respondent/s :

Mr.Arvind Ujjwal (SC4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-04-2019 This writ application has been preferred for a direction to the respondents to release Pick-up Van bearing Reg.No.BR53A-9605, which has been seized in connection with Lakhisarai P.S. Case No.722 of 2018 registered under Section 7 of the Essential Commodities Act.

Learned counsel representing the petitioner submits that the Pick-up Van was carrying rice which is not a controlled item. It is further submitted that in similar matters the Hon'ble Division Bench has taken a view wherein the vehicles have been ordered to be released provisionally on certain terms and

Patna High Court CWJC No.4789 of 2019(2) dt.12-04-2019 2/3 conditions. It is submitted that in the present case also the vehicle is lying under open sky for last more than four months and if it is not allowed to be provisionally released, it may lose its road worthiness over the period which is not going to help any gain on the part of the State. It is also submitted that the confiscation proceeding being Confiscation Case No.60 of 2018 has been initiated.

Learned counsel for the State is present and has opposed the application for provisional release. Having considered the rival submissions at the bar and on going through the records, this Court finds that the vehicle in question was intercepted while it was carrying rice. In several such cases, the Hon'ble Division Bench of this Court has directed provisional release of vehicle and there is no reason as to why similar view would not be taken in the matter. Keeping in mind the aforesaid aspects, this Court directs provisional release of the vehicle in question on the petitioner furnishing documents of ownership and registration with two surety bonds to the extent of the value of vehicle as indicated in insurance document to the satisfaction of the District Magistrate-cum-Collector, Lakhisarai. The petitioner shall also furnish an undertaking that he will will produce the

Patna High Court CWJC No.4789 of 2019(2) dt.12-04-2019 3/3 vehicle as and when required by the authority concerned and shall not encumber the same in any manner whatsoever by creating any third party right. The petitioner shall not prejudice the right of the State. The vehicle in question shall be released within one week from the date of submission of the surety bonds.

The writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) R.R. Ojha/- U