Patna High Court
Ashok Bhagat vs The State Of Bihar Through The ... on 24 June, 2024
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2036 of 2023
Arising Out of PS. Case No.-98 Year-2021 Thana- BASANHI District- Saharsa
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Ashok Bhagat S/O Late Ramchandra Bhagat (Sada) R/O Mohalla- Mahua
Bazar, Ward No. 9, P.S- Basanahi, Distt.- Saharsa, Bihar, Proprietor Of M/S.
Niranjan Bij Bhandar, Mahua Bazar, Basanahi, Saharsa.
... ... Petitioner
Versus
1. The State Of Bihar Through The Additional Chief Secretary, Agriculture
Department, Patna. Bihar
2. The Additional Chie Secretary, Agriculture Department, Govt. Of Bihar,
Patna. Bihar
3. The Director, Agriculture Department, Bihar, Patna. Bihar
4. The District Agriculture Officer, Saharsa. Bihar
5. The Assistant Director (Plant Conservation), Saharsa. Bihar
6. The Sub-Divisional Agriculture Officer, Saharsa. Bihar
7. The Block Agriculture Officer, Sonbarsa, Saharsa. Bihar
8. The Fertilizer Inspector, Saharsa. Bihar
9. The Investigating Officer, Basanahi Police Station, Saharsa. Bihar
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
Mr. Akash Anand, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy, S.C.-13
Mr. U.K. Singh, A.C. to S.C.-13
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL JUDGMENT
Date : 24-06-2024
By way of this petition, the petitioner has prayed
for the following reliefs:-
i. For issuance of an appropriate writ/s, order/s,
Direction/s to unlock and unseal the shop of the
petitioner running in the name of Niranjan Bij
Bhandar, Mahua Bazar, Basanahi, Saharsa
which was sealed by the respondents on
Patna High Court CR. WJC No.2036 of 2023 dt.24-06-2024
2/5
27.07.2021
in connection with Basanahi P.S.
Case No. 98/2021 dated 04.08.2021 registered
for offences u/s. 7 of the Fertilizer Control
Order, 1985 and u/s. 7(1)(a)(ii) of Essential
Commodities Act and u/s. 29 of Insecticide Act,
1958 for allegation of alleged recovery of 11
bags of Urea and Pesticide in the shop.
ii. For issuance of an appropriate writ/s, order/s,
Direction/s to the respondents to pass
appropriate order for unsealing and unlocking
shop of the petitioner running in the name of
Niranjan Bij Bhandar, Mahua Bazar, Basanahi,
Saharsa for which the petitioner has filed
application u/s. 457 of Cr.P.C. before the
concerned Court in connection with Spl. Case
No. 05/2021 (arising out of Basanahi P.S. Case
No. 98/2021) since the petitioner has lost his
source of income due to closure of the shop."
2. It is the case of the petitioner that earlier he
was dealing with the sale of fertilizer and pesticides, for which
license was granted to him under Seeds (Control) Order, 1983
bearing License No. 64 of 2014 and License No. 21 of 2014
granted under Insecticide Act. On 27.07.2021, an inspection was
made in the shop premise of the petitioner by the Fertilizer
Inspector and 11 bags of fertilizer were recovered and on the
same day, the shop of the petitioner was sealed. It is also the
case of the petitioner that the inspection was made behind his
Patna High Court CR. WJC No.2036 of 2023 dt.24-06-2024
back and later on, the petitioner was called and forced by the
respondents to put his signature on the enquiry report and under
the coercion of the respondents, he put his signature on the said
document. On the basis of the said enquiry report, a three
Member Enquiry Committee was constituted by the District
Agriculture Officer, Saharsa who also prepared a composite
enquiry report and on the basis of said enquiry report, an FIR
was registered alleging inter alia that from the shop of the
petitioner running in name of Niranjan Bij Bhandar, 11 bags of
fertilize were recovered which was kept illegally by the
petitioner.
3. It is further the case of the petitioner that
occurrence took place on 27.07.2021 but the written complaint
was filed on 04.08.2021. The shop which has been sealed by the
respondents is the only source of livelihood of the petitioner
and because of sealing and locking of the said shop the
petitioner has lost all source of livelihood and ultimately, he
filed an application under provisions of section 457 of Cr.P.C.
for unsealing and unlocking of the shop before the concerned
Court on 24.08.2023 but till date no order has been passed on
the said application and this has compelled the petitioner to
approach this Court for unsealing his shop.
Patna High Court CR. WJC No.2036 of 2023 dt.24-06-2024
4. It is also the case of the petitioner that
without any recovery of illegal items his shop has been sealed
and the petitioner has not committed any illegal act which may
entail Criminal offence and would make the petitioner liable for
punishment. Further, no offence under the provisions of the
Essential Commodities Act and/or Fertilizer Act would attract
against the petitioner. It is not the case of the respondents that
the petitioner has kept those 11 bags of Urea and Pesticides for
black marketing since the petitioner is having license under
Seeds (Control) Order 1985 and Insecticide Act, 1968.
5. The State has filed a counter affidavit in the
matter and they have opposed the unsealing of the shop of the
petitioner. The State has also submitted that no confiscation
proceeding has been initiated against the petitioner.
6. I have considered the rival submissions of
the parties and perused the materials on record.
7. Once the offence was registered and 11 bags
of fertilizer were seized and the shop was sealed, the same
cannot be kept under seal for indefinite period without any
proceeding under the provisions of the Essential Commodities
Act for confiscation. In my opinion, the shop of the petitioner
cannot be kept sealed indefinitely as the right of livelihood of
Patna High Court CR. WJC No.2036 of 2023 dt.24-06-2024
the petitioner cannot be defeated.
8. In these circumstances, this application is
allowed and the respondent authorities are directed to unseal the
shop of the petitioner running in the name of Niranjan Bij
Bhandar, Mahua Bazar, Basanahi, District- Saharasa forthwith.
9. Let a copy of this order be communicated to
the District Judge, Saharsa and the District Magistrate, Saharsa
forthwith through FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 04.07.2024
Transmission Date 04.07.2024
