Dularchand Das @ Dulalchand Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10777 of 2018 =========================================================== Dularchand Das @ Dulalchand Das S/o Late Jaldhar Das, R/o Vill.- Saiya Bazar, P.S.- Katoriya, District- Banka.

.... .... Petitioner/s

Versus

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

2. The Collector , Banka.

3. The Block Supply Officer, Chandan, Banka.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Adv. For the Respondent/s : Mr. Anishul Haque, AC to AAG-5 =========================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date: 16-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioners seeks release of his 50 quintals of rice seized by the Block Supply Officer, Chandan, Banka on the information given by the Mukhiya of the said village on 22.08.2017 for which Suiya P.S. Case No. 98 of 2017 was lodged under Section 7 of the E.C. Act.

Learned counsel for the petitioners submits that he is a rice miller and the seized rice are freehold goods and is proprietor of Shri Guru Rice Mill situated at Chandan, Banka and that the said rice was

Patna High Court CWJC No.10777 of 2018 dt.16-08-2018 2/2 seized from the Pick-up Van bearing Registration No. BR01G-9262 near the house of a PDS dealer Arvind Kumar Singh, as such allegation of black marketing has been alleged. He submits that rice being a freehold commodity and perishable in nature, the same be released in his favour.

Learned counsel for the State appears and has been heard. Considering the nature of relief claim of the petitioner and that rice being a perishable commodity, the same be released in favour of the petitioner within a period of four weeks from today after furnishing sufficient security to the satisfaction of the learned SDJM, Banka. However, such release will be subject to the criminal proceedings pending against the petitioner.

Writ application is allowed as above.

(Nilu Agrawal, J) Devendra/Priyanka AFR/NAFR NAFR CAV DATE NA Uploading Date18.08.2018 Transmission Date NA