Brajesh Baranwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8515 of 2017 =========================================================== Brajesh Baranwal S/o Sri Shukhilal Baranwal Resident of Village - Sohagara, P.O. - Sohagra, P.S. - Guthani, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Siwan.

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

3. The Supply Inspector-cum-Block Supply Officer, Guthani, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Shahi For the Respondent/s : Mr. Sanjay Kr. Giri-GP9 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 18.05.2017 passed by the Collector, Siwan in E.C. Act Case No.114 of 2017-18, whereby and where-under he has directed to release the wheat subject to deposit the equivalent price of the wheat, which is prevalent in the market.

The petitioner is running the business of food-grains, got registered under Section 9 of the Value Added Tax, 2005. As per the claim of the petitioner, he used to purchase the wheat from the small farmers on payment of the price and sent the collected wheat in the flour mill, situated at Hajipur, but in transit the truck was intercepted

Patna High Court CWJC No.8515 of 2017 dt.26-07-2017 by the Police and they lodged criminal case vide Guthani P.S. Case No.12 of 2017 for the offence under Section 7 of the Essential Commodities Act, wherein the Police has recorded, it appears that the wheat of the Food Corporation of India for the purposes of blackmarketing removed the stitch made by F.C.I., changed the bag, was carrying the wheat to the mill.

A Confiscation proceeding was initiated with respect to the truck, wherein order was passed for the release of the truck. For present, this Court is not concerned with the release of the truck, but the Collector has directed to keep certain amount of wheat as sample and if the petitioner is ready to deposit the equivalent price, prevalent in the market, the wheat should be released in his favour. Learned counsel for the petitioner submits that the petitioner is a trader, used to purchase the food-grains from the small farmer and has also granted the valid receipt to each of the farmers, there is no bar for the trader to purchase the wheat from the general market. It has further been argued that there is no evidence or material to indicate that the seized wheat is of the Food Corporation of India and it was being carried for the purposes of black-marketing. In the present case, the petitioner has not challenged the order of the Collector on merit of the case; rather he has confined his prayer with respect to the release of the wheat. From the order of the

Patna High Court CWJC No.8515 of 2017 dt.26-07-2017 Collector, it appears that the petitioner has shown eagerness to take the wheat in the prevalent market rate. The request of the petitioner was taken into consideration and, in pursuance thereof, the Collector has passed the order accordingly.

In such view of the matter, this Court does not find any merit in the present writ application. Accordingly, this writ application is dismissed.

The petitioner, if so advised, may challenge the order of the Confiscating Authority before the appropriate forum. It is clarified that this Court is not giving any opinion on the merit of the case. (Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2017 Transmission Date NA