Allowed

Munna Prasad v. The State Of Bihar and Ors.

Patna HC18 Jun 2013CWJC/6511/2013

Case brief

AI extract

What is this about?

The Patna High Court granted relief to the petitioner in a writ petition regarding the release of a delivery van seized by authorities in the context of an alleged offence under the Essential Commodities Act. The vehicle was lying open, risking rust. The courtallowed the application, directing the District Magistrate to release the vehicle upon the petitioner furnishing an adequate bond and surety

What did the court decide?

Direction to District Magistrate to release the vehicle on furnishing adequate bond and surety within two weeks, subject to final result of confiscation proceeding.

Munna Prasad Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6511 of 2013

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====================================================== 1. Munna Prasad S/O Kamta Prasad Chitkohra Bazar, Sharda Colony, Anishabad, P.S.-................., District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar Through The District Magistrate, Patna 2. The District Magistrate, Patna 3. The Sub-Divisional Magistrate, Sadar, Patna 4. The Special Officer, Patna 5. The Marketing Officer, Patna 6. The Officer-In-Charge, Kankarbagh Police Station, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Babu Nandan Prasad, Adv. For the Respondent/s : Mr. Shailendra Kumar Jha, AC to SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 18-06-2013 The delivery van of the petitioner bearing Registration No.BR-1Y-2232, loaded with 52 bags of wheat weighing 50 kg each, was seized by the authorities on 12.6.2012. The bags of wheat were said to be of one Munna Prasad. Hence, FIR was instituted under Section 7 of the E.C. Act against him. The police case is still pending before the concerned court. In respect of the seized vehicle and bags of wheat a confiscation proceeding has also been initiated before the District Magistrate, Patna numbered as Confiscation Case No.8/2012-13.

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Learned counsel for the petitioner submits that the petitioner is not claming the wheat bags. He submits that the delivery van is lying in open and hence the same may catch rust and soon may become unfit for plying if it remains under custody. He submits that the petitioner is ready to furnish bond and surety

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Patna High Court CWJC No.6511 of 2013 (2) dt.18-06-2013

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to the satisfaction of the District Magistrate for interim release of delivery van with an undertaking that, as and when required, he shall produce the same in the proceeding for needful.

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Counter affidavit has been filed in which the pendency of the confiscation proceeding has not been denied.

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After hearing the parties and considering the materials on record, this Court is of the view that as the vehicle is under seizure and lying open since last almost a year, it will be appropriate and in the interest of justice that the same is released as an interim measure to the petitioner/owner on his furnishing adequate bond and surety as the District Magistrate may require which shall be subject to the result of the confiscation proceeding.

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This writ application is accordingly allowed with a direction to the District Magistrate to release the vehicle of the petitioner/owner on his furnishing bond and surety as he may require within two weeks from the date of his furnishing the same which shall be subject to the final result of the confiscation proceeding and the petitioner shall be furnishing the undertaking that as and when required he shall produce the vehicle in the confiscation proceeding.

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(Jayanandan Singh, J)

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Arvind/-

Munna Prasad v. The State Of Bihar and Ors.

Case brief

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Munna Prasad v. The State Of Bihar and Ors.

Case brief

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