← Library
Patna High CourtMJC/2132/2018disposed

Md. Samir @ Mohd. Safir v. The State Of Bihar

2018-07-25Mr. Justice Vikash Jain2 pages

Patna High Court MJC No.2132 of 2018 dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2132 of 2018 IN Civil Writ Jurisdiction Case No. 5690 of 2018 =========================================================== Md. Samir @ Mohd. Safir, son of Md. Hasim, resident of village Ward No.03, Bhagwanpur, Bairgachhi, P.S. Araria, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar represented through the Principal Secretary-cumCommissioner, Department of Food and Civil Supply, Govt. of Bihar, Patna.

2. The District Magistrate, Kishanganj

3. The Superintendent of Police, Kishanganj

4. The Block Supply Kochadhaman-cum-Assistant District Supply Officer, Kishanganj.

5. The Officer-in-charge, Kochadhaman Police Station, District Kishanganj. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Adv For the Respondent/s : Mr. S. RAZA AHMAD - AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-07-2018 The present petition has been filed for modification of para 4 of the judgment dated 07.05.2018 passed in CWJC No. 5690 of 2018 wherein the articles seized in connection with Kochadhaman P.S. Case No. 123 of 2017, giving rise to Confiscation Case No. 373/2017 has been ordered to be released to the satisfaction of "District Magistrate, Araria" in place of "District Magistrate, Kishanganj".

2. From perusal of para 16 of the writ petition it appears that the petitioner has stated that Confiscation Case No. 373/2017 in respect of

Patna High Court MJC No.2132 of 2018 dt.25-07-2018 the seized rice is pending before the District Magistrate, Araria and the same has been adopted in the judgment resulting in the aforesaid error.

3. In this view of the matter, the seized rice in connection with Confiscation Case No. 373/2017, arising out of Kochadhaman P.S. Case No. 123 of 2017 may be released to the satisfaction of District Magistrate, Kishanganj.

4. The modification petition stands disposed of and the judgment dated 07.05.2018 is modified only to the above extent. (Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2018 Transmission Date NA