Gorelal Sah @ Gorelal Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6873 of 2020 ====================================================== Gorelal Sah @ Gorelal Saw S/o Late Jhaksu Saw @ Jhaksu Sah Resident of Village-Hansu Mandal (Singh) Tola P.S.-Harinmar, District-Munger. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-Cum-District Magistrate, Munger, District-Munger. 3.

The Sub-Divisional Officer, Munger, District-Munger. 4.

The Superintendent of Police, Munger, District-Munger. 5.

The Block Supply Officer, Bariarpur Block, P.S.-Bariarpur, District-Munger. 6.

The Officer-Incharge of Harinmar Police Station, District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sevak Choudhary, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.6873 of 2020 dt.15-11-2021 2/3 It is submitted by learned counsel for the petitioner that he is the owner of the seized vehicle (motorcycle) which has been seized by the police in Harinmar P.S. Case No. 25 of 2016 dated 24.12.2016 under Section 7 E.C. Act (Annexure-1) on a written complaint filed by Block Supply Officer that petitioner Gorelal Sah, Kirana Shop Keeper was carrying two Jar K. oil on the motorcycle which was meant for distribution under PDS but was being carried for black marketing by the petitioner and, as such, case was instituted under 7 E.C. Act and the motorcycle

Patna High Court CWJC No.6873 of 2020 dt.15-11-2021 3/3 and Jar containing K. oil were seized.

Petitioner filed an application for release of his motorcycle before the learned S.D.J.M., Munger, who rejected his petition by impugned order dated 19.03.2019 as the confiscation proceeding has been initiated against said motorcycle by the District Magistrate, Munger. In the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file a petition before the District Magistrate-cum-Confiscating Authority, Munger for provisional release of his vehicle (motorcycle), during pendency of confiscation proceeding and if any such application for provisional release of the vehicle (motorcycle) is filed, same be disposed of within 30 days of its filing.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Sanjay AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date