Md. Samsad Alam @ Md. Shamshad Alam v. The State Of Bihar And ORS
Patna High Court CWJC No.8645 of 2018 dt.21-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8645 of 2018 =========================================================== Md. Samsad Alam @ Md. Shamshad Alam, Son of Late Md. Kari, Resident of Village- Raghopur, Tola- Chharrapatti, P.S.- Manigachi, District- Darbhanga. .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Food & Civil Supply Department, Bihar.
2. The Collector, Purnea.
3. The Block Supply Officer, Purnea.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Vijay Anand, Advocate. For the Respondents : Mr. Arvind Ujjwal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-06-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.
2. The present writ petition has been filed for a direction to release two public carrier trucks bearing Registration No. BR 06GA-1270 and BR 06GA 3204 loaded with 361 bags of rice and 398 bags of rice which were seized by B.S.O. Baisi, Purnea give rise to Baisi P.S. Case No. 27 of 2018 registered under Section 7 of the Essential Commodities Act.
3. Learned counsel for the petitioner submits that an FIR in Baisi P.S. Case No. 27 of 2018 was instituted for the offence under Section 7 of the Essential Commodities Act and a confiscation proceeding has already been initiated. It is submitted that the vehicle seized in that connection be released, as by its very nature it is susceptible to deterioration if kept idle, apart from the fact that its seizure is resulting in deprivation of livelihood to the petitioner. The
Patna High Court CWJC No.8645 of 2018 dt.21-06-2018 foodgrains loaded on the said trucks have already been directed to be released by judgment dated 15.05.2018 passed in C.W.J.C. No. 7030 of 2018.
4. Having regard to the nature of prayer of the petitioner, this Court directs that the two public carrier trucks bearing Registration No. BR 06GA-1270 and BR 06GA 3204 seized in connection with Baisi P.S. Case No. 27 of 2018, if not already confiscated, be released in favour of the petitioner within one week from the date of receipt/production of a copy of this judgment upon furnishing sufficient security, 5% of which should be in the form of cash/bank guarantee, to the satisfaction of learned District Magistrate, Purnea, on proper verification of the ownership of the vehicle and also with undertaking that the petitioner shall produce the vehicle before the concerned authorities as and when required to do so. The petitioner shall not encumber or dispose of the vehicle during pendency of the criminal case and/or confiscation case, as the case may be, nor create any third party rights such as might prejudice the rights of the State in such proceedings.
5. The writ petition stands disposed of.
(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 22.06.2018 Transmission Date N.A.