Bibi Jaal Noor v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16821 of 2013 ====================================================== Bibi Jaal Noor Wife of Mantoo @ Ataur Rahman Resident of Village - Pipla, P.S. and District - Kishanganj .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Araria

2. The Block Supply Officer Jokihat, District - Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Respondent/s : Mr. Vijay Kumar Verma, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is owner of Tractor bearing No. BR 37 B-8437, which was seized while carrying food-grains under Section 7 of the Essential Commodities Act giving rise to Jokihat P.S. Case No. 72 of 2012.

Learned counsel for the petitioner submits that tractor is lying in an open premise and the confiscation proceeding is still pending.

In the facts and circumstances of the case, the seized tractor bearing no. BR 37 B-8437 is directed to be released in favour of the petitioner provisionally, on furnishing of adequate security, 10 % of which would be in the form of cash, subject to result of confiscation/criminal proceeding.

Patna High Court CWJC No.16821 of 2013 (3) dt.04-06-2015 2/2 With the above direction, this application is, accordingly, disposed of.

(Samarendra Pratap Singh, J) Ashwini/- U