Jharkhand High Court
Manoj Mohnani @ Manoj Kumar Mohnani vs The State Of Jharkhand on 9 September, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P. (Cr.) No. 746 of 2023
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Manoj Mohnani @ Manoj Kumar Mohnani, aged about 43 years, son of Sundar Lal, resident of Sindhi Refugee Colony P.O. - Agrico, P.S. - Golmuri, Town Jamshedpur, District East Singhbhum, Jharkhand .... Petitioners
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1. The State of Jharkhand
2. The Deputy Commissioner, East Singhbhum, Jamshedpur, having its office at Bistupur, P.O. and P.S. - Bistupur, District - East Singhbhum, Jharkhand
3. The Officer In-charge of Telco Police Station, P.O. and P.S. - Telco, Town Jamshedpur, District - East Singhbhum, Jharkhand .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Saurabh Shekhar, Advocate For the State :- Mr. Ashutosh Anand, AAG III :- Mr. Sahbaj Akhtar, AC to AAG III
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07/09.09.2024 Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent State.
2. The prayer in the writ petition is made for quashing of the order dated 10.11.2022 passed in Confiscation Case No.105 of 2020-21 passed by learned Deputy Commissioner, East Singhbhum, Jamshedpur. Further prayer is made for quashing of the order dated 05.07.2023 passed in Confiscation Appeal No.01 of 2022 passed by learned Sessions Judge, East Singhbhum at Jamshedpur whereby appeal preferred against the order dated 10.11.2022 in Confiscation
--1-- W.P. (Cr.) No. 746 of 2023 Case No.105 of 2020-21 has been confirmed.
3. Learned counsel appearing for the petitioner submits that one FIR under Section 154 of the Cr.P.C. registered as Telco P.S. Case No.217 of 2020 at Jamshedpur on 15.12.2020 under the provisions of Section 7 of the Essential Commodities Act, 1955 alleging therein that the information has been intimated by one Santosh Kumar, Principal Marketing Officer Sub-Division, Jamshedpur. The short story narrated therein is that a raid was conducted on 15.12.2020, at around 10.30 hours, in the Telco Police Station area of Jamshedpur at the Public Distribution System shop of one Raju Kumar Saw, bearing Licence No. 171(H) / 2017. under the supervision of Executive Magistrate Smt. Sabita Topno of Dhalbhum Area. The lock at the door of the shop was removed in presence of authorities and thereafter the physical inspection of the shop was conducted. In the process of inspection, 70 plastic bags, containing a total 35 quintal rice was found. They were sewn by handmade process, using the sewing machine and was sealed. In addition to this, 22 sacks of Jute were found, containing 11 quintals rice. Outside the shop, there was a Mahindra Pick-up Van bearing Registration No. JH-05AB-2721 (Mahindra Pick-up Van), containing 16 plastic sacks, bearing 8 quintal of rice plied over it. In the shop, further 82 empty jute sacks and 132 plastic sacks were also found. Additionally, one electrical sewing machine and one hand sewing machine was also found. It has been alleged that on the basis of
--2-- W.P. (Cr.) No. 746 of 2023 above found items, it was prima-facie case that the Public Distribution System shop of Sri Raju Kumar Saw was being used for black marketing of rice that was being supplied for selling to the public at subsidized rate into the market at higher rate, and for this the above items were being used, which is against the provision of Jharkhand Targeted Public Distribution System (Control) Order, 2019, and further the contravention of Section 7 of the Essential Commodities Act is also attracted. Thereafter it has been narrated in the F.I.R. that on the basis of above inspection and conclusion reached, one seizure list was prepared of all the above items in presence of the Executive Magistrate, Dhalbhum, and has been enclosed with the copy of F.I.R. Further the vehicle was also seized and was kept in the Police Station. The edible products were handed over to one Satya Narayan Rajak, Public Distribution System Seller, bearing Licence No. 18/03, Manifit.
4. In view of the above facts and circumstances, it was recommended to the Officer In-charge of Telco Police Station to register F.I.R. against above named Raju Kumar Saw and against the loader, as also against the driver and owner of vehicle bearing Registration No. JH-05AB-2721 (Mahindra Pick-up Van).
5. He submits that pursuant to the said FIR, the vehicle belonging to the petitioner being registration No.JH-05AB-2721 was seized and the Deputy Commissioner, East Singhbhum has initiated one confiscation proceeding, being confiscation case No.105 of
--3-- W.P. (Cr.) No. 746 of 2023 2020-21 and has proceeded under the provisions of Section 6A of the Essential Commodities Act. The Deputy Commissioner, East Singhbhum, Jamshedpur directed the presence of the petitioner in the confiscation case by 06.04.2021 in order to file his reply to the allegations of his indulgence in the black marketing and selling of the food products received from under the Public Distribution System at subsidized rate in the market at higher rate, which is in contravention of the provisions of Public Distribution System (Control) Order, 2019 and also violates Section 7 of the Essential Commodities Act. The said case arises out of Telco P.S. Case No.217 of 2020. He submits that now the Deputy Commissioner has passed the order dated 10.11.2022 in confiscation case No.105 of 2020-21 to confiscate the vehicle of the petitioner on the strength of Section 6A of the Essential Commodities Act which is in contravention in relation to Public Distribution System (Control) Order, 2019. He draws the attention of the Court to Section 3 as well as Section 6A of Essential Commodities Act and submits that there is no provision of confiscation for forfeiting of the vehicle in question and this aspect has already been decided by Hon'ble Supreme Court in the case of Kailash Prasad Yadav and Another versus State of Jharkhand and Another reported in (2007) 5 SCC 769 and he refers to paragraph No.7 to 10. He further submits that the co- ordinate Bench of this Court has further directed to release the vehicle arising out of Confiscation Case in W.P. (Cr.) 602 of 2022 by
--4-- W.P. (Cr.) No. 746 of 2023 order dated 18th December, 2023. On this background, he submits that the vehicle in question may kindly be directed to be released and two impugned orders may kindly be quashed.
5. Learned counsel appearing for the respondent State by way of drawing the attention of the Court to paragraph No.18 of the Counter Affidavit submits that the confiscation case was initiated and thereafter the order has been passed and in view of that there is no illegality in the order. On query from the Court about the provisions of the confiscation in the Essential Commodities Act, the learned counsel appearing for the State submits that it appears that the case of the petitioner is covered in the light of judgment of Hon'ble Supreme Court as well as the order of the co-ordinate Bench of this Court in W.P. (Cr.) No.602 of 2022.
6. In view of the above submission of learned counsel appearing for the parties, the Court has gone through the materials on record and finds that admittedly, if vehicle in question was seized under the provisions of Section 3 of Essential Commodities Act, Clause 10 of control order envisages power of such a seizure which was considered by Hon'ble Supreme Court in the case of Kailash Prasad Yadav & Another (supra) on which reliance has been placed by learned counsel appearing for the petitioner in which Clause 9 and 10 was interpreted and was held that no provision has been made in the control order for seizure of the vehicle. Thus, the case of the petitioner is fully covered in view of the judgment
--5-- W.P. (Cr.) No. 746 of 2023 Hon'ble Supreme Court as well as the order of the Co-ordinate Bench in W.P. (Cr.) No.602 of 2022.
7. Looking into the provisions made under Section 3 read with 6A of the Essential Commodities Act, the Court finds that there is no provision of forfeiture or confiscation of the vehicle in question and that aspect has already been settled in view of the judgments referred here-in-above. As such the order dated 10.11.2022 passed in Confiscation Case No.105 of 2020-21 passed by learned Deputy Commissioner, East Singhbhum, Jamshedpur and order dated 05.07.2023 passed in Confiscation Appeal No.01 of 2022 passed by learned Sessions Judge, East Singhbhum at Jamshedpur are not sustainable.
8. Accordingly, those orders are quashed and set aside.
9. Learned Sub-Divisional Judicial Magistrate, Telco, Jamshedpur is directed to release the vehicle in favour of the petitioners under the following conditions:
(i) The petitioner shall furnish an indemnity bond for Rs.2,00,000/- with 2 solvents sureties, undertaking to produce the vehicle bearing registration No. JH 05AB 2721 as and when directed by the learned Sub Divisional Judicial Magistrate, Jamshedpur in connection with Telco P.S. Case No.217 of 2020.
(ii) The petitioner shall not sell, mortgage, transfer and alienate the ownership of the vehicle bearing registration No. JH 05AB 2721; in any manner during the pendency of the said Telco P.S. Case No.217 of 2020.
--6-- W.P. (Cr.) No. 746 of 2023
(iii) The petitioner shall not change or tamper with the identity of the vehicle bearing registration No. JH 05AB 2721.
(iv) The learned Sub Divisional Judicial Magistrate, Jamshedpur will pass appropriate order regarding the seized vehicle bearing registration No. JH 05AB 2721 at the time of conclusion of Telco P.S. Case No.217 of 2020.
10. Order accordingly.
11. In the result, this writ petition is allowed in the above terms and disposed of.
(Sanjay Kumar Dwivedi, J.)
Sangam/
--7-- W.P. (Cr.) No. 746 of 2023