Binod Ram Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10712 of 2018 ====================================================== Binod Ram Das S/o Jhari Ram Das Resident of Village - Kharauda Belhar, P.S. - Belhar, District - Banka.

... ... Petitioner/s

Versus

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

2. The Collector-cum-District Magistrate, Banka.

3. The Block Supply Officer, Phulidumar, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr. U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 01-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

Petitioner by this writ application seeks release of his pickup van, bearing registration no. BR-53A-7422 seized in connection with Amarpur P.S. Case No. 488 of 2017 lodged under Section 7 of the E.C. Act.

On 05.10.2017, on the information of the District Supply Officer, Banka, pickup van of the petitioner was intercepted by the Block Supply Officer, Phulidumar and 54 bags of rice each of 50 Kg, about 27 quintals was confiscated under Section 7 of the E.C. Act, the pickup van carrying the food grains was also seized and a First Information Report was lodged being Amarpur P.S. Case No. 488 of 2017.

Patna High Court CWJC No.10712 of 2018 dt.01-08-2018 2/2 Learned counsel for the petitioner submits that the seized pickup van be released in his favour. He relies on the decision of this Court dated 15.05.2018 passed in CWJC No. 5119 of 2016 (Santosh Kumar Vs. The State of Bihar & Ors.). Having regard to the nature of the prayer, this Court directs that the pickup van bearing registration no. BR-53A-7422 seized in connection with Amarpur P.S. Case No. 488 of 2017 be released in favour of the petitioner on furnishing sufficient security to the satisfaction of the S.D.J.M., Banka within one week from the date of receipt/ production of a copy of this order. However, the said release will be subject to the result of the confiscation proceeding or criminal proceeding pending before the court concerned.

Writ application is disposed of accordingly.

(Nilu Agrawal, J) Arjun/Pragya AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2018 Transmission Date NA