Balram Prasad Sah v. The State Of Bihar
Case brief
What is this about?
The Patna High Court, in three connected criminal miscellaneous applications, directed the learned Magistrate to order the release of seized fertilizers belonging to petitioners within one week upon providing adequate security. The court observed that confiscation proceedings were already dropped and the trial was unlikely to conclude soon, rendering continued possession in unsafe open condition u
What did the court decide?
Directed the subordinate court to pass an order for release of seized fertilizers within one week upon taking adequate security from petitioners.
What the court decided
Patna High Court Cr.Misc. No.894 of 2014 (2) dt.10-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.894 of 2014
======================================================
Balram Prasad Sah
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.994 of 2014
======================================================
Roshan Kumar Gupta
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.1245 of 2014
======================================================
Md. Hazrat Ali
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 10-01-2014 The aforementioned applications have been filed for
quashing of the order dated 03.12.2013 passed by learned JM, 1 st
Class, Araria in Kursakanta P.S. Case No. 153 of 2011 whereby
the petitioners’ application for release of the seized fertilizer has
been rejected.
The prosecution case is that the police conducted raid
at various places on 07.12.2011 on confidential information that
illegal business of fertilizer is being carried out, when from the
business premises of Balram Prasad Sah, 915 bags of different
Patna High Court Cr.Misc. No.894 of 2014 (2) dt.10-01-2014
brands of fertilizers were recovered, while from the premises of Roshan Kumar Gupta, 404 bags of fertilizer and from the petitioner Md. Hazrat Ali, 50 bags of fertilizer were recovered.
This is not in dispute that the raid was conducted and fertilizers were seized by the Police Inspector, consequently leading to the registration of Kursakanta P.S. Case no. 153 of 2011 for the offences punishable under Sections 414 and 420/34 of the IPC.
Issues for consideration
3 issues framed by the court
Whether seized fertilizers belonging to licensees/farmers should be released pending conclusion of trial when confiscation proceedings are dropped and release was not in dispute.
Whether keeping seized fertilizers in open unsafe condition serves any useful purpose when trial conclusion is unlikely in near future.
Whether security must be taken from licensees for release of seized commodities.
Parties & counsel
- petitioner
Balram Prasad Sah
- respondent
The State Of Bihar
- petitioner
Roshan Kumar Gupta
- petitioner
Md. Hazrat Ali
Coram
Case details
As recorded by the court registry
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