Rajiv Kumar Pal vs The State Of Bihar
2021 Latest Caselaw 2397 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 39838 of 2020
   Arising Out of PS. Case No.-345 Year-2020 Thana- LAKHISARAI District- Lakhisarai
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Rajiv Kumar Pal, aged about 30 years, Male, Son of Late Biru Pal @ Birendra Bhagat, Resident of Village- Naya Bazar, Dalpatti, PS- Lakhisarai, PO-Lakhisarai, District- Lakhisarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :       Ms. Preety Kunwar, Advocate
 For the State            :       Mr. Jagdhar Prasad, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-06-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

15.06.2021, which was allowed.

3. Heard Ms. Preety Kunwar, learned counsel for the

petitioner and Mr. Jagdhar Prasad, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Lakhisarai (Kabaiya) PS Case No. 345 of 2020 dated 03.07.2020,

instituted under Section 7 of the Essential Commodities Act, 1955.

Patna High Court CR. MISC. No.39838 of 2020 dt.17-06-2021

5. The allegation against the petitioner is that 8 quintals

of Arwa rice which was seized from one Sanjeev Kumar is said to

have been lifted from the house of the petitioner and it is alleged

that it was meant for black marketing.

6. Learned counsel for the petitioner submitted that

besides there being no legal impediment with dealing in

foodgrains as per the Removal of (Licensing Requirements, Stock

Limits and Movement Restrictions) on Specified Foodstuffs

Order, 2002, contained in G.S.R. 104(E) dated 15th February, 2002

and published in the Gazette of India, Extraordinary, Part II dated

15th February, 2002; according to which, dealing in rice/wheat

would not amount to offence under the Essential Commodities

Act, 1955. It was contended that the fact that the rice was seized

from the possession of another person, that too, without any

specific mark as to whether it was picked up from any shop or was

part of any material meant for distribution through the Public

Distribution System, the entire prosecution, as far as it relates to

the petitioner, is erroneous and an abuse of the process of the

Court. It was submitted that the petitioner is a small foodgrain

dealer and has no criminal antecedent.

7. Learned APP submitted that the rice seized was meant

for black marketing. However, he could not answer the Patna High Court CR. MISC. No.39838 of 2020 dt.17-06-2021

submissions of learned counsel for the petitioner that there is no

Control Order prohibiting any person to deal in foodgrains,

especially rice which has been caught and is subject matter of the

FIR.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned SDJM, Lakhisarai in Lakhisarai (Kabaiya) PS Case No.

345 of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one

of the bailors shall be a close relative of the petitioner and (ii) that

the petitioner shall co-operate with the police/prosecution and the

Court. Failure to co-operate shall lead to cancellation of his bail

bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.39838 of 2020 dt.17-06-2021

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T