In Cr. Ml. No. 36890 of 2014, the Patna High Court directed the District Magistrate to release seized traduct and trailer within three weeks due to their perishable nature, despite pending confiscation proceedings, and ordered the trial court to conclude those proceedings within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36890 of 2014
Arising Out of Sonpur P.S. Case No. -224 Year- 2013 Thana -SONEPUR District- SARAN ====================================================== Vinod Kumar Rai, Son of Ram Anup Rai, resident of village- Pahleja Shahpur Diara, P.S.- Sonpur, District- Saran. .... .... Petitioner/s Versus The State of Bihar through District Magistrate, Saran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhusan Pd For the State : Mr. Smt.Nivedita Nirvikar, G.A. 10 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 13-10-2014 Heard learned counsel for the Petitioner and the
State.
The Petitioner seeks quashing of the order dated 9.5.2014 passed by the Sub-Divisional Judicial Magistrate, Saran, in connection with Sonpur P.S. Case No. 224 of 2013 by which he has released Tractor and Trailor seized in connection with black marketing of grains on the plea that a Confiscation Proceeding is going on.
Considering that the articles are of decaying nature, the District Magistrate, Saran, is directed to pass an appropriate order with regard to the release of the Tractor and Trailor in view of the perishable nature of the articles within a period of three weeks from the date of receipt of this order considering that the Trial Court has restrained itself from passing any orders on release on
Patna High Court Cr.Misc. No.36890 of 2014 (3) dt.13-10-2014
2/2
account of the pendency of the Confiscation Proceeding. The Confiscation Proceeding shall also be concluded within a period of three months from the date of receipt of this order.
With this observation, the application is disposed off.
(Anjana Prakash, J)
S.Ali/U T
3 issues framed by the court
Whether the High Court should direct the District Magistrate to pass an appropriate order for the release of seized tractor and trailer within three weeks despite the pendency of confiscation proceedi
Whether the High Court should direct the Trial Court to conclude the confiscation proceedings within three months.
What directions should be issued to prevent loss due to the decaying nature of the seized articles.
1 provisions across 1 enactments
Vinod Kumar Rai
The State of Bihar through District Magistrate, Saran
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
