Saurav Kumar Gupta Proprietor ... vs The State Of Bihar
2023 Latest Caselaw 3873 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.10670 of 2023
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Saurav Kumar Gupta Proprietor Sahagun Galla Bhandar Son of Shailesh Kumar Gupta, Resident of -Kedar nath Road, Near Trishul Mandira, P.O.- Sindauri, P.S.- Muzaffarpur, District- Muzaffarpur

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Collector- cum- District Magistrate, Supaul.

3. The Sub Divisional Officer, Supaul.

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Dhananjaynath Tiwary, Adv.

For the Respondent/s : Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 21-08-2023

1. The present writ petition has been filed for the

following reliefs:-

"i. Issuance of appropriate writ in the nature of Certiorari quashing a proceeding initiated by the Collector, Supaul under Section 379, 411 of I.P.C. and section 7 of Essentials Commodities Act and the notice dated 14.06.2023 by which he has initiated a confiscation proceeding being Supply Confiscation Case No. 25/2023 arising out of Supaul P.S. Case No. 446 of 2023 registered on 07.06.2023 under section 7 of Essentials Commodities Act.

ii. Issuance of appropriate writ in the nature of Mandamus directing and commanding the respondents authorities to release the Rice (634 bags, 305 quintals aprox) in favour of the petitioner because the same is lying under open sky in the police station as Patna High Court CWJC No.10670 of 2023 dt.21-08-2023

nobocy is there to take care of the food grans and/or the same has been illegally seized.

iii. For issuance of any other relief or relief(s) for which the petitioner is entitled for."

2. Learned counsel appearing on behalf of the

petitioner has stated that under similar circumstances this Court

in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No. 7145

of 2023 dated 22.06.2023 has directed the concerned District

Magistrate to release the food grains that was seized from the

petitioner. Learned counsel for the petitioner has stated that the

petitioner is similarly situated and that the petitioner is ready to

furnish adequate security/surety for the purpose of release of

food grains as per the direction of the District Magistrate, Supaul.

Further, it is submitted that the confiscation proceedings are in

the nature of civil proceedings and it is ultimately the sale

proceedings of the confiscated property that will go into the

account of the State and that the petitioner is ready and willing to

provide adequate securities/sureties. And as such, the District

Magistrate, Supaul, may be directed to release the food grains in

his favor subject to any other condition that may be imposed

upon.

3. Learned counsel appearing on behalf of the

respondents has stated that as the petitioner is ready to provide Patna High Court CWJC No.10670 of 2023 dt.21-08-2023

adequate securities/sureties and to abide by the reasonable terms

and conditions that may be imposed by the District Magistrate,

Supaul, he has no objection if this Court directs the District

Magistrate, Supaul to release the food grains in favor of the

petitioner subject to providing adequate securities/sureties to the

extent value of the food grains and also subject to the petitioner

abiding by other terms and conditions that may be imposed by the

District Magistrate, Supaul.

4. Having regard to the above facts and circumstances of

the case and also the judgments of this Hon'ble Court referred

above, this Court directs the District Magistrate, Supaul to release

the food grains of the petitioner seized in connection with Supaul

P.S. Case No. 446 of 2023, which are subject matter of the present

writ petition, subject to the condition that the petitioner shall make

available adequate and sufficient securities/sureties (not in cash or

bank guarantee) to the satisfaction of the District Magistrate,

Supaul to the extent of the value of the food grains which may be

assessed and that the petitioner undertakes to abide by any other

condition that may be imposed for the purpose of future

proceedings by the District Magistrate, Supaul.

5. Learned counsel for the petitioner undertakes on

instruction from the petitioner that if the food grains are released Patna High Court CWJC No.10670 of 2023 dt.21-08-2023

in his favor, in course of trial he will not raise any question with

respect to the seizure of the food grains and no identification issue

shall be raised in course of trial. Further, the photographs of the

jute bags containing the rice which may be exhibited in course of

trial and the samples of the seized food grains if obtained in

accordance with law shall not be questioned by the petitioner and

he will not claim any benefit out of this order in the pending

proceedings and pursuant to the release of the food grains in his

favor.

6. Let the District Magistrate, Supaul pass an

appropriate order after valuation of the food grains and other

conditions to which the petitioner would be required to abide by.

Such orders be passed within two weeks from the date of

receipt/communication of this order.

7. With the above reasons, the present writ petition

stand disposed off.

(A. Abhishek Reddy , J) gauravkr/-

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