Subodh Kumar @ Subodh Kumar Yadav vs The State Of Bihar
2021 Latest Caselaw 661 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.25572 of 2019
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Subodh Kumar @ Subodh Kumar Yadav Son of Late Jagarnath Prasad Yadav @ Jagarnath Ray R/o Village- Madhuaha Mal, P.S.- Rajepur, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, East Champaran at Motihari.

2. The Superintendent of Police East Champaran at Motihari.

3. The Additional Deputy Collector District Legal Cell, East Champaran at Motihari.

4. The Station House Officer P.S.-Rajepur, District- East Champaran.

5. The Block Development Officer cum Block Supply Officer Block Block-

Tetaria, District- East Champaran.

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

For the Petitioner/s : Mr.Karandeep Kumar For the Respondent/s : Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 04-02-2021

Heard learned counsel appearing for the petitioner

as well as learned counsel for the State.

The petitioner seeks release of his pick-up van

bearing Registration No. BR05GA8629 which was seized in

connection with Rajepur P.S. Case No. 130 of 2018 under

Section 7 of the Essential Commodities Act, 1955.

Brief facts of this case is that on 21.08.2018, Block

Development Officer-cum-Block Supply Officer, Tetaria, East

Champaran gave a written report and the same was treated as

First Information Report being Rajepur PS Case No. 130 of

2018 and registered under Section 7 of the Essential Patna High Court CWJC No.25572 of 2019 dt.04-02-2021

Commodities Act, 1955.

Prosecution case in brief is that informant got

secret information that at the house of petitioner, one pick-up

van loaded with government foodgrains is likely to be black-

marketed. On such information, raid was conducted and with

the help police party one loaded pick-up van bearing

Registration No. BR05GA8629 having 37 bags of rice was

seized.

It is submitted on behalf of the petitioner that the

confiscation proceeding has not been initiated as yet nor any

decision have been taken to initiate the same. It is further

submitted that petitioner gave an application for release of the

vehicle in question before the Court of Sub-Divisional Judicial

Magistrate, East Champaran at Motihari. In pursuance thereof,

vide letter dated 07.06.2019 as contained in letter no.

2040/legal, it was reported that no confiscation proceeding is

going on in respect of vehicle in question. It is further submitted

that this application regarding release of vehicle may be

disposed of in view of ratio laid down in the case of (Bablu

Kumar Das Vs. State of Bihar) vide order dated 13.05.2016

passed in Cr. WJC No. 246 of 2016 whereby the Hon'ble Court

was pleased to dispose of the matter with certain direction.

Counsel for the State raised no objection.

In view of the submission of petitioner this writ Patna High Court CWJC No.25572 of 2019 dt.04-02-2021

petition is also disposed of in terms of order dated 13.05.2016

passed in Cr. WJC No. 246 of 2016 in case of (Bablu Kumar

Das Vs. State of Bihar).

This writ application is partly allowed. The

District Collector, East Champaran at Motihari, is hereby

directed to take a decision in the matter in accordance with law

within a period of two weeks from the date of receipt of this

order. If the seized vehicle needs to be confiscated, then the

District Collector shall initiate a proceeding for confiscation

and, depending upon the result of the proceeding, which may be

so drawn, a decision as regards release or otherwise of the

seized vehicle may be taken. If the District Collector decides not

to initiate any confiscation proceeding in respect of the seized

vehicle, he shall communicate his decision to the jurisdictional

Judicial Magistrate, who would, thereafter, stand vested with the

power to direct release of the seized vehicle if the facts and

circumstances of the case so warrant.

With the aforesaid observation, this writ petition

stands disposed of.

(Prabhat Kumar Singh, J)

vinita/-

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Uploading Date          05.02.2021
Transmission Date