M/S Jay Hanuman Rice Mill And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9930 of 2016 ===========================================================
1. M/s Jay Hanuman Rice Mill through it's Proprietor Upendra Kumar Son of Late Mahesh Prasad Resident of village - Belaganj, Police Station Belaganj, District - Gaya
2. Ramashray Prasad Gautam Son of Sri Rajdeo Prasad Resident of Moh. Hajiganj, P.S. Chauk Patna City, District - Patna .... .... Petitioners
Versus
1. The State of Bihar, through the Principal Secretary Food & Consumer Protection Department, Govt. of Bihar, Patna
2. The District Magistrate, Gaya
3. The Sub Divisional Officer, Sadar Gaya
4. The Block Supply Officer, Belaganj, Distt. Gaya
5. The Officer In Charge, Police Station Belanganj, Distt. Gaya .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Binay Kumar, Advocate For the State : Mr. KUNDAN BAHADUR SINGH, SC22 Mr. Madanjeet Kumar, AC to SC 22 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 12-07-2016 Heard learned counsel for the petitioners and State. Petitioners seek release of the truck bearing registration no. PB 13Y-9599 as well as 598 bags of rice weighing 299 quintals which was loaded upon it and a police case bearing Belaganj Police Station Case No. 106 of 2016 has been registered under Section 420 IPC and Section 7 of the Essential Commodities Act. It is contended that the seized food-grains are perishable articles for which confiscation proceeding has already been initiated and there is no occasion for keeping the same in godown for being
Patna High Court CWJC No.9930 of 2016 dt.12-07-2016 perished.
It is further contended that the truck is lying uncared in the premise of the police station in open sky and that would rot, if not handed over to the petitioners.
Learned counsel appearing for the State has submitted that the aforesaid truck was seized along with 598 bags of rice weighing 299 quintals and a confiscation proceeding bearing Confiscation Case No.09/2016 has already been initiated with respect to seized rice only and not for the vehicle.
Having regard to the facts and circumstances of the case, let the aforesaid quantity of the rice be released in favour of the petitioners after proper verification of the ownership by the District Magistrate, Gaya, who happens to be the confiscating authority, within a period of eight weeks from the date of receipt/production of a copy of this order on furnishing sufficient guarantee/security, 5% of which should be in the form of cash/bank guarantee, to the satisfaction of the confiscation authority.
However, the release will be subject to the final result of the Belaganj Police Station Case No. 106 of 2016 and Confiscation Case No.09/2016.
Similarly, since no confiscation proceeding has been initiated with respect to the seized vehicle as has been informed by
Patna High Court CWJC No.9930 of 2016 dt.12-07-2016 the learned counsel appearing for the State, let the court concerned before whom the criminal case is pending, release the aforesaid truck in favour of the petitioners upon such application for release having been filed by the petitioner on furnishing sufficient security/ surety to the satisfaction of the court concerned and after due verification of ownership with further condition that whenever the vehicle in question would be required, that would have to be produced by the owner in whose favour that would be released and, further, that such owner would not dispose of, alter or modify the vehicle till the aforesaid case is pending. The release would be subject to the result of the criminal case concerned. It is expected that the whole exercise would be completed within a period of eight weeks from the date of receipt/ production of a copy of this order.
This disposes of the writ petition.
(Dr. Ravi Ranjan, J) SC/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27-07-2016 Transmission Date NA