Patna High Court
Bindeshwari Bhagat vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6737 of 2020
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Bindeshwari Bhagat Son of Jagdish Bhagat Resident of Village- Sapaha, P.S.-
Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary old Secretariat Bihar Patna.
2. The Principal Secretary Foods and Supply Department Government of
Bihar, Patna.
3. The Director Foods and Supply Department Govt. of Bihar, Patna.
4. The Commissioner Koshi Division, Saharsa.
5. The Collector Saharsa.
6. The Sub- Divisional Officer Saharsa.
7. The District Supply Officer Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Respondent/s : Mr. S.Raza Ahmad (Aag5)
Mr. Alok Ranjan, AC to AAG 6
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 29-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(I) For issuance of an appropriate writ directing the
respondents for payment / return of the amount received
from the seized articles in connection with Sour Bazar P.S.
Case No. 62/88 corresponding to Special (EC Act) Case
No.7/88 along with the difference of rate and the interest
thereon to the petitioner as the collector Saharsa vide order
dated 6.12.19 in supply Misc Case No.8/2015 has ordered
to return only the amount received from the seized articles
Patna High Court CWJC No.6737 of 2020 dt.29-11-2021
in connection with the aforesaid Sour Bazar P.S. Case No.
62/88 corresponding to Special Case No.7/88 lodged for
the offence u/s 7 of EC Act and u/s 13 of the Rice Milling
Industries Regularization Act, 1958.
(ii) For declaration that in the facts and circumstances of
the case petitioner is also entitled to difference of rate as
well as interest along with the amount received from the
seized articles of the petitioner in connection with
aforesaid Sour Bazar P.S. Case No. 62/88 corresponding to
Spl Case No.7/88 as he has been acquitted by this Hon'ble
Court.
(iii) For any other relief (s) / direction (s) to which the
petitioner may be found entitled in the facts and
circumstances of the case."
It is submitted on behalf of the learned counsel for
the petitioner that his food-grains which were perishable in
nature were seized by the authorities and a proceeding of
confiscation being Confiscation Case No.12/88 was initiated
under the provisions of EC Act and District Magistrate under
Section 6(A) of the E.C. Act vide order dated 6.6.1988 ordered
the seized food-grains to be confiscated and further directed the
SDO, Saharsa to sell the confiscated articles and said food-
grains were sold by the SDO and sale proceed amounting to
Rs.36,629.05/- was deposited in the treasury through Nazarat.
Patna High Court CWJC No.6737 of 2020 dt.29-11-2021
An FIR was also lodged vide Saur Bazar P.S. Case
No.62 / 88 dated 24.3.88 under Section 7 of the EC Act and
under Section 30 of the Rice Milling Industries Regulation Act
and petitioner was convicted by the trial court (Special Case
No.7/88) vide judgment and order dated 12.5.1995 and
petitioner filed appeal which was allowed by order dated
22.4.2011 passed by this Hon'ble Court and the judgment of
conviction and sentence of trial court was set aside.
Petitioner thereafter filed a miscellaneous case
No.8/2015 before the Collector, Saharsa for refund of amount at
the present market price of the seized and sold food-grains. The
Collector, Saharsa passed order dated 6.12.2019 with a direction
to SDO, Saharsa to refund the amount deposited as sale
proceeds from confiscated food-grains to the petitioner and,
thereafter, by order dated 4.2.2021, a sum of Rs.31,62900/- was
directed to be deposited in the account of petitioner.
It is submitted on behalf of petitioner that he is entitled
to receive present market price of the confiscated food-grains
which was sold and deposited in the government treasury in the
year 1998 with interest.
After hearing learned counsel for the parties and
considering the materials available on record, this Court finds
Patna High Court CWJC No.6737 of 2020 dt.29-11-2021
that petitioner is entitled for the amount which was deposited in
the government treasury as sale proceeds of confiscated food-
grains as from the record, it does not appear that any attempt
was made by the petitioner for provisional release of the seized
food-grains, as same were perishable in nature and the District
Magistrate had no option but to direct its sale as per Rules
moreover, the order of confiscation passed by the District
Magistrate has not been interfered by any court and he has been
exonerated by appellate court in criminal case.
Accordingly, the writ petition is disposed of with a
direction to the SDO, Saharsa to refund the amount as stated in
Annexure C within 30 days from the date of receipt/production
of a copy of order passed by this Court.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-Ashwani
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.12.2021
Transmission Date NA
