Patna High Court
Badri Prasad Gupta @ Badri Kumar Gupta vs The State Of Bihar on 13 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11010 of 2019
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Badri Prasad Gupta @ Badri Kumar Gupta S/o Bigan Sao Vill.- Khiriyawan,
P.s.- Madanpur, Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Civil Supply
Department, Bihar, Patna
2. The District Magistrate Gaya
3. The Sub Divisional Officer Sherghati Sub Division, Distt.- Gaya
4. The Block Development Officer Gurua Block, Distt.- Gaya
5. The Block Supply Officer Gurua Block, Distt.- Gaya
6. The Anchal Adhikari Gurua Anchal, Distt.- Gaya
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
: Ms. Swati Parmar, Advocate
For the Respondent/s : Mr.Aag5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 13-10-2025
1. The Writ petition is filed to direct the
respondents to make payments for the price of 509
bags of wheat weighing 218.50 quintals, allegedly
seized in connection with Gurua P.S. Case No. 116 of
2016 dated 30.08.2016 for the offences punishable
under Section 7 of the Essential Commodities Act on
the ground that the wheat is subsidised wheat which
was meant for sale in black market.
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2. The brief facts culled out of the Writ
petition are that the petitioner is not a P.D.S. Dealer.
The petitioner has purchased 518.50 quintals of
wheat from the open market for the purpose of
business which were loaded in truck No. NL-01D-
6851 for being transported to his business premises
which was seized in connection with Gurua P.S. Case
No. 116 of 2016 dated 30.08.2016 under Section 7 of
the Essential Commodities Act.
3. It is the specific contention of the Learned
counsel for the petitioner that the raiding team
reached the rice mill and seized the wheat which is
inside the truck bearing No. NL-01D-6851. And the
petitioner was not arrayed as accused in the F.I.R.
initially, but during the course of investigation his
name was implicated.
4. It is further contention of the Learned
counsel for the petitioner that Confiscation Case No.
19 of 2016 was initiated on the file of District
Magistrate, Gaya on the basis of a report of this
Senior Superintendent of Police, Gaya and the
confiscation proceedings were dropped by the
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District Magistrate and inspite of it, the alleged
wheat was not released by the respondents and
therefore, he was constrained to prefer the present
Writ petition.
5. A detailed counter affidavit was filed by
the Learned counsel for the respondents. The
contents of the counter affidavit disclose that the
seized articles were perishable items and it was sold
at the maximum market price by the order of the 2 nd
respondent and the amount was deposited in the
treasury vide challan bearing No. 101 dated
27.10.2016.
6
. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
7. On perusal of the record, it is evident that
the counter affidavit do not disclose about the
confiscation proceedings being dropped against the
petitioner. It is the contention of the Learned counsel
for the respondents that if at all any confiscation
proceeding are dropped, the petitioner is at liberty to
file a detailed representation before the authority for
Patna High Court CWJC No.11010 of 2019 dt.13-10-2025
release of the amount which was deposited in the
treasury. Considering the fact that amount was
deposited in the treasury pursuant to the sale of
seized wheat in confiscation proceeding the
petitioner is directed to file a representation within
one month from the date of receipt of this order. In
turn, the respondents shall pass appropriate orders
considering the merits of the case within two months
from the date of filing of the representation.
8. With the aforesaid observation, the Writ
petition stands disposed of.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 18.10.2025
Transmission Date N/A
