Single judge issued oral judgment disposing of writ petition seeking release of seized food grains pending larger bench decision on Collector's confiscation jurisdiction, directing release on terms of related orders.
Release of 62 bags of arwa rice and 232 bags of paddy seized by officers subject to conditions of LPA No. 2383 of 2016.
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Patna High Court CWJC No.5268 of 2018 dt.21-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5268 of 2018
=========================================================== Yuvraj Bhagat, S/o Late Satyadeo Bhagat, Resident of Village- Baijanathpur, P.S.- Sour Bazar, District- Saharsa.
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance : For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate. For the Respondents : Mr. S.Raza Ahmad, AAG-5
=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-06-2018
The petitioner seeks a direction to release 62 bags (31 quintals of arwa rice) and 232 bags (93 quintals paddy ) seized by the Block Supply Officer, Sour Bazar, Saharsa giving rise to Sour Bazar P.S. Case No. 586 of 2017 registered under Section 7 of the Essential Commodities Act..
the larger Bench, a Division Bench of this Court in LPA No. 2383 of 2016 has taken the view that the vehicle can be released in the
Patna High Court CWJC No.5268 of 2018 dt.21-06-2018
meantime.
been heard.
“Keeping view the aforesaid, we direct for the release of the vehicle (Regn. No.BR-02AA-6312) in accordance to the conditions stipulated in para 5 of the order passed on 21.2.2017 in L.P.A. No. 306 of 2017 and impose a further condition that apart from the security bond a solvent surety shall be furnished by the petitioner to the satisfaction of the competent authority.”
in question was directed to be released provisionally on the following
terms –
“5. In the meanwhile we order that the vehicle in question (BR 26H-4109) be released provisionally to the satisfaction of the Authorized Officer-cum-Divisional Forest Officer, Rohtas at Sasaram on fulfillment of the following conditions:-
(i) The appellants shall furnish all the necessary papers/documents of ownership and security bonds (which will not include Bank Guarantee) as may be deemed fit and proper by the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division,
Patna High Court CWJC No.5268 of 2018 dt.21-06-2018
Sasaram, District- Rohtas.
(ii) The appellants shall undertake, in writing, that the vehicle, in question, shall neither be alienated nor be transferred in favour of any third party during the pendency of the confiscation proceeding and that the vehicles, in question, shall be produced as and when called upon or required in the confiscation proceeding or otherwise.
List after the decision of L.P.A. No. 1647 of 2015.”
(Vikash Jain, J)
Md. Ibrarul/BT
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date |
23.06.2018 |
| Transmission Date |
N.A. |
1 issue framed by the court
Whether to direct the release of seized arwa rice and paddy grains pending the decision on the Collector's jurisdiction by a larger bench.
Yuvraj Bhagat
The State of Bihar through the Secretary, Food & Consumer Protection Department
The Collector, Saharsa
The Block Supply Officer, Sour Bazar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
