Parma Nand Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3313 of 2016 =========================================================== Parma Nand Sah, son of Shree Braj Lal Sah resident of village - Belouri, Police Station - Sadar (Muffasil), District - Purnea. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, Purnea.

3. The Panan Padadhikari, Municipal Corporation, Purnea. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Choudhary, Advocate For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG13 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 04-05-2016 Heard learned counsel for the petitioner and state. Petitioner seeks release of the truck bearing registration no. BHQ-8306 which was seized for contravention of the provisions of Essential Commodities Act and a police case bearing K. Hat Madhubani P.S. Case No.209 of 2015 has been registered under Sections 420/34 IPC and Section 7 of the Essential Commodities Act. A confiscation proceeding has also been initiated as Confiscation Case no. 84/2015. It is 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 petitioner.

Learned counsel for the State submits that seizure has been made on serious allegation and confiscation case is going on. Thus, the petitioner should be relegated to the competent authority. In my view, if the vehicle is released after obtaining

Patna High Court CWJC No.3313 of 2016 dt.04-05-2016 2/2 necessary surety, it will prejudice none.

Having regard to the aforementioned facts and circumstances, this court deems it fit and proper to direct the confiscating authority to release the truck bearing registration no.BHQ-8306 in favour of the petitioner on furnishing sufficient security/ surety to the satisfaction of the Collector, Purnea after due verification of ownership with further condition that whenever the vehicle in question would be required either in the confiscation proceeding or police case, that would have to be produced by the owner in whose favour that would be released and, further, that the petitioner would not dispose of, alter or modify the vehicle till the aforesaid cases are pending. The release would be subject to the result of the confiscation case as well as 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) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 20.06.2016 Transmission Date N.A.