Disposed

Anil Kumar v. The State Of Bihar and Ors.

Patna HC24 Jun 2013CWJC/8478/2013

Case brief

AI extract

What is this about?

The Patna High Court disposed of a petition seeking the provisional release of a seized truck and food grains in a pending confiscation proceeding under the Essential Commodities Act. Justice Jayanandan Singh directed the District Magistrate to release the truck on reasonable terms with an undertaking to produce it before final orders.

What did the court decide?

Direction to the District Magistrate, Gaya to release the seized truck on a provisional basis subject to reasonable terms and conditions and an undertaking to produce it later.

Anil Kumar Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8478 of 2013

¶2

====================================================== Anil Kumar Son of Ram Khelawan Yadav, Resident of Village Barachatti, Police Station - Barachatti and District - Gaya .... .... Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Gaya 3. The District Supply Officer, Gaya 4. The Sub Divisional Officer, Sherghati, Gaya 5. The Assistant District Supply Officer, Sherghati, District - Gaya 6. The Officer-In-Charge, Sherghati Police Station - District - Gaya .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Manish Kumar, Advocate For the Respondents : Mr. Mani Kant Mishra, GP 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 3 24-06-2013 Truck of the petitioner bearing Registration No. UP-674263 loaded with some bags of rice and wheat was seized on 22.06.2011. Accordingly, for the alleged offences under Section 7 of the Essential Commodities Act, an F.I.R. was registered and admittedly a criminal proceeding is pending. Meanwhile, a confiscation proceeding was also initiated by the District Magistrate, Gaya for confiscation of the food grains and truck. Subsequently, food grains were released subject to final result of the confiscation proceeding.

¶3

Learned counsel for the petitioner submits that the truck is lying under the open sky facing vagaries of Nature and if it remains in the same condition, it may deteriorate beyond repairs

¶4

Patna High Court CWJC No.8478 of 2013 (3) dt.24-06-2013

¶5

2/2

¶6

and may become unfit for plying on the road which will cause a national loss. He further submits that the confiscation proceeding is going on for the last about two years and its end is not in sight. Hence he submits that a direction may be issued to the Confiscating Authority to release the truck in favour of the petitioner/its owner on provisional basis on whatever conditions he may like to impose.

¶7

Learned counsel for the respondents has no objection to it.

¶8

In the circumstances, this writ application is disposed of with a direction to the District Magistrate, Gaya to release the said truck of the petitioner on provisional basis on such reasonable terms and conditions which he may like to impose for the same with an undertaking that at the time of final orders in the confiscation proceeding, he shall produce the truck before the authorities.

¶9

(Jayanandan Singh, J)

¶10

B.T/-

Anil Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Anil Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Narain Prasad Singh Vs The State Of Bihar and Ors.

Pankaj Kumar Agrawal @ Pankaj Jajodia Vs The State Of Bihar and Ors.

Manoj Kumar Vs the State of Bihar and Ors.

Md. Kamal Vs The State Of Bihar and Ors.

Daizy Devi and Ors. Vs The State Of Bihar and Ors.

Ram Bharosh Ray Vs The State Of Bihar and Ors.