Shiv Shankar Sah v. The State Of Bihar, Through Its Chief Secretary, Government Of Bihar, Old Secretariate, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1706 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== Shiv Shankar Sah S/o Bhikhari Sah under the guardianship of Bhikhari Sah, R/o Vill.- Basahiashekh, Ward No. 2, P.S.- Piparahi, District- Sheohar. ... ... Petitioner/s

Versus

1. The State of Bihar, Through Its Chief Secretary, Government of Bihar, Old Secretariate, Patna.

2. The Principal Secretary, Department of Food & Supply, Government of Bihar, Secretariate, Patna.

3. The District Magistrate, Sheohar.

4. The District Supply Officer, Sheohar.

5. The Dsitrict Marketing Officer, Sheohar.

6. The Sub Divisional Officer, Sheohar.

7. The Block Supply Officer Piparahi Sheohar.

8. The Suprintendent of Police, Sheohar,

9. The District Manager B.S.F.C. Sheohar.

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

For the Petitioner/s :

Mr. Kumod Kumar Shrivastaw For the Respondent/s :

Mr. S. Raza Ahmad (Aag 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned AAG-5 for the State.

In view of the stand taken by learned AAG-5 that in absence of any control order with respect to the wheat which has been seized from possession of the petitioner who is not even a Public Distribution Shop Dealer and in such case no case under Section 7 of E. C. Act could have been registered, this Court directs release of the 160 sacks of wheat total weight of 80 quintals which has been seized by the respondents within a

Patna High Court Cr. WJC No.1706 of 2018(4) dt.10-10-2018 2/2 week from today.

On the last date this Court had also called upon the informant to show cause as to why an appropriate order be not passed against him for exceeding his jurisdiction. Learned AAG-5 submits that the Officer who had lodged the FIR is no longer at the place in question and for the present this aspect of the matter may be left for consideration in future.

In the aforesaid view of the matter, the first information report bearing Piprahi P. S. Case No. 33 of 2018 dated 28.03.2018 registered under Section 7 of the E.C. Act stands quashed.

Let the wheat be released in favour of the petitioner as indicated hereinabove.

(Rajeev Ranjan Prasad, J) avin/- U T