Ruplal Saw @ Ruplal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12518 of 2019 ====================================================== Ruplal Saw @ Ruplal Son of Harishchandra Saw Resident of House No.98, Pali Utren, Police Station- Konch, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The District Magistrate, Gaya.

3.

The Sub Divisional Officer, Tekari, District- Gaya. 4.

The District Supply Officer, Gaya.

5.

The Supply Inspector, Paraiya, District- Gaya. 6.

The SHO, Paraiya Police Station, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Respondent/s :

Mr.S.Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2020 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The short prayer of the petitioner is to direct the respondent authorities to release the Pick Up vehicle of the petitioner, bearing Registration No. BR 02Q-1805 which was seized in connection with Paraiya P.S. Case No. 206/18, registered for the offences punishable under Section 7 of the Essential Commodities Act.

At the outset, the learned counsel for the petitioner submits that he would be approaching the learned court below

Patna High Court CWJC No.12518 of 2019(3) dt.26-02-2020 2/2 i.e. the learned court of Chief Judicial Magistrate, Gaya for release of the Pick Up vehicle in question, hence it be directed that his petition be considered and disposed off within a stipulated time frame.

The learned counsel for the State has got no objection. Having regard to the short prayer made by the learned counsel for the petitioner, I deem it fit and proper to grant liberty to the petitioner to file appropriate petition for release under Section 451 of the Code of Criminal Procedure before the learned court of Chief Judicial Magistrate, Gaya, in connection with Paraiya P.S. Case No. 206 of 2018 registered for the offences punishable under Section 7 of the Essential Commodities Act, 1955, whereupon the learned Chief Judicial Magistrate, Gaya shall consider the petition of the petitioner for release of the vehicle in question and pass appropriate orders, in accordance with law, within a period of six weeks thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U