Ziyaul Haque v. The State Of Bihar Through The Chief Secretary, Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.785 of 2019 Arising Out of PS. Case No.-88 Year-2017 Thana- DIGHALBANK District- Kishanganj ====================================================== Ziyaul Haque, Son of Abdul Rasid @ Rasid Resident of Singhimari Milick, P.S. - Kodhobari, District- Kishanganj.

... ... Petitioner

Versus

1.

The State of Bihar through The Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Food Supply, Govt. of Bihar, Patna. 3.

The Collector-cum- District Magistrate, Kishanganj. 4.

Superintendent of Police, Kishanganj.

5.

S.H.O., Dighalbank P.S., Under the District of Kishanganj Kishanganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhanshu Shekhar For the Respondent/s :

Mr. Arvind Ujjwal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-05-2019 Since the confiscation proceeding has already been initiated for confiscating a truck bearing Registration No. WB59A-3362 seized in connection with Dighalbank P.S. Case No. 88 of 2017 registered for the offence punishable under Section 7 of the Essential Commodities Act, I am not inclined to entertain the instant application filed under Article 226 of the Constitution of India for release of the said truck. The application is dismissed.

However, the petitioner would be at liberty to avail of the statutory remedy provided under Section 6-B of the Essential Commodities Act for the redressal of his grievance. (Ashwani Kumar Singh, J) pradeep/sneha U T