Disposed

Rajesh Kumar Gupta v. The State Of Bihar and Ors.

Patna HC25 Mar 2014CWJC/1856/2014

Case brief

AI extract

What is this about?

In a civil writ jurisdiction case concerning the confiscation of a truck carrying foodgrains under Section 7 of the E.C. Act, the Patna High Court directed the Confiscating Authority to consider the applicant's application for provisional release of the vehicle within five weeks.

What did the court decide?

The Confiscating Authority shall consider and dispose of the applicant's application for provisional release of the seized truck within five weeks.

Rajesh Kumar Gupta Vs The State Of Bihar and Ors. — Consumer Protection | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1856 of 2014

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======================================================

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Rajesh Kumar Gupta S/O Sri Satya Narayan Prasad Gupta Resident Of Garkha Bazar, P.S- Garkha, District- Saran.

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.... .... Petitioner/s

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Versus 1. The State Of Bihar Through The Collector, Saran at Chapra. 2. The Collector, Saran at Chapra. 3. The Block Supply Officer, Lahladpur, Saran. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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.... .... Respondent/s

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2 25-03-2014 Heard the parties.
A supplementary affidavit on behalf of the
petitioner has been filed.
Pursuant to lodging of an FIR on 7.12.2013 under
Section 7 of the E.C. Act the truck laden with the foodgrains
bearing Registration Mark and No. UP-52B-7661 was seized.
Although the petitioner is not named as an accused in the FIR but
the truck carrying the foodgrains belonging to the petitioner was
seized. The respondents also initiated a proceeding for
confiscation of the aforesaid vehicle vide Confiscation Case no. 01
of 2014. The petitioner has appeared in the said proceeding.
It has been submitted on behalf of the petitioner that
an application seeking provisional release of the truck on
imposition of reasonable /appropriate condition has also been filed
therein which has not been disposed of by the respondent

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Patna High Court CWJC No.1856 of 2014 (2) dt.25-03-2014

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2/2

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Confiscating Authority. The petitioner has filed the present writ application seeking a direction upon the Confiscating Authority ( respondent no.2) to consider and dispose of the said application of the petitioner in accordance with law taking into account the relevant decision on the subject.

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Counsel for the State, on the other hand, submits that from the supplementary affidavit, it would appear that after filing of writ application the petitioner has filed an application in the confiscation proceeding for provisional release of the truck. However, if any such application is filed the same is required to be considered and disposed of in accordance with law.

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Regard being had to the submissions of the parties and after perusal of the pleadings on record, this Court is satisfied that the present application be disposed of by the following order:-

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Let the Confiscating Authority ( respondent no.2) consider and dispose of the application preferred by the petitioner seeking provisional release of the vehicle in -question as quickly as possible preferably within five weeks from the date of receipt/production of a certified copy of this order. The petitioner shall cooperate in disposal of the said application.

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(Kishore Kumar Mandal, J)

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Shyam/-

Rajesh Kumar Gupta v. The State Of Bihar and Ors.

Case brief

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Rajesh Kumar Gupta v. The State Of Bihar and Ors.

Case brief

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What the court decided

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