Raman Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1311 of 2017 =========================================================== Raman Singh, son of Late Rampratap Singh, Resident of Village - Rajapakar Kushwaha Tola, P.S. - Rajapakar, District - Vaishali. .... .... Petitioner
Versus
1. The State of Bihar through the Collector, Vaishali.
2. The Collector, Vaishali.
3. The Block Supply Officer, Rajapkar, Vaishali. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondents : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-12-2017 The present writ petition has been filed for a direction to release 656 bags of rice each of 50 kg. seized by the Block Supply Officer, Rajapakar, Vaishali, on 23.11.2016 giving rise to Rajapakar P.S. Case No. 141 of 2016 under Section 7 of the E.C. Act in favour of the petitioner, to the satisfaction of learned A.C.J.M. VIIth, Vaishali at Hajipur; and for connected reliefs.
2. Learned counsel for the petitioner submits that the issue whether the Collector is empowered to direct confiscation, which is a judicial function, has been referred to a larger Bench by order dated 19.09.2016 passed in LPA No. 1647 of 2015. Pending decision by the larger Bench, a Division Bench of this Court in LPA No. 2383 of 2016 has taken the view that the vehicle can be released considering that they deteriorate while in custody with the officials of the Department and finally the confiscation proceedings are decided in favour of the owners of the vehicle. It is further submitted that the condition imposed for release of the food grains by deposit of equivalent amount
Patna High Court CWJC No.1311 of 2017 dt.14-12-2017 2/2 of the market value of the food grains in cash is arbitrary and onerous.
3. None appears on behalf of the respondents. The stand of the petitioner taken in the writ petition has not been controverted, as no counter affidavit has been filed till date.
4. The Division Bench in its order dated 17.04.2017 passed in LPA No. 2383 of 2016 referred to above, has directed as follows - "Keeping view the aforesaid, we direct for the release of the vehicle (Regn. No.BR-02AA-6312) in accordance to the conditions stipulated in para 5 of the order passed on 21.2.2017 in L.P.A. No.306 of 2017 and impose a further condition that apart from the security bond a solvent surety shall be furnished by the petitioner to the satisfaction of the competent authority."
5. In the above view of the matter and considering that the challenge to the Collector's jurisdiction to pass an order of confiscation is itself pending before a larger Bench of this Court, the present writ petition is disposed of in line with and on the same terms as the aforesaid direction in LPA No. 2383 of 2016.
(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A Uploading Date 19.12.2017 Transmission Date N.A.