Disposed

Vijay Kumar Yadav v. the State of Bihar through the Collector, Purnea

Patna HC22 Mar 2024CR. WJC/1293/2023

Case brief

AI extract

What is this about?

Writ petition challenging confiscation proceedings over a seized pick-up van carrying foodgrains registered under Section 7 of the Essential Commodities Act. Following coordinate-bench precedents, the court held the carrier not liable under Section 7 after removal of movement restrictions and ordered release of the vehicle on surety bond.

What did the court decide?

Release of the seized pick-up van to its registered owner on a Rs. 1 lakh surety bond, subject to production when called for in Banmankhi P.S. Case No. 435 of 2021 and no alteration of the vehicle wit

Vijay Kumar Yadav Vs the State of Bihar through the Collector, Purnea — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1293 of 2023

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Arising Out of PS. Case No.-435 Year-2021 Thana- BANMANKHI District- Purnia

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Vijay Kumar Yadav S/O Late Sadanand Yadav Village- And P.O.- Bhangh, P.S.- Jankinagar, District- Purnea

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Collector, Purnea Bihar

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The Superintendent Of Police, Purnea Bihar 3. The Sub- Divisional Officer, Banmankhi, Purnea Bihar 4. The Block Supply Officer, Banmankhi, Purnea Bihar

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The S.H.O., Banmankhi, Purnea Bihar

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Raj Kishore Prasad, Advocate For the Respondent/s : Mr.Suma Kumar Jha, AC to AAG 3

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI CAV JUDGMENT Date : 22-03-2024

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Heard learned Advocates for the petitioner as well as the learned APP for the State.

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In the instant writ petition, the petitioner has alleged that on 15.12.2021 at about 05:30 A.M. Banmankhi Police got an information by the informant being Block Supply Officer, Banmankhi regarding interception of a loaded Pick-up van with foodgrains near Bibia Chakla Nahar (Canal). On the said information, Informant reached there and

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Patna High Court CR. WJC No.1293 of 2023 dt.22-03-2024

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started verification of foodgrains loaded on the pick-up van. After verification, he found 30 jute sacks with a logo of Bihar Rajya Khadya Nigam (BSFC) containing 15 quintals of foodgrains (Arwa Rice). All sacks were found hand stitched. The Informant asked the driver-cum-owner of the pick-up van to produce papers of the foodgrains loaded on the pick-up van but he could not produce any paper. Accordingly, Informant seized the aforesaid foodgrains alongwith pick-up van in presence of two independent witnesses and prepared seizure list and handed over the seized pickup van, bearing Registration No. BR-11GD/0762 and rice to Banmankhi Police. The driver-cum-owner of the seized Pick-up Van disclosed that the seized rice bags are owned by Om Prakash Sah S/O Rajdeo Sah. The said owner hired his vehicle for carrying the same to Gulabbagh Market.

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On the basis of the written report of the Informant, Banmankhi P.S. Case No. 435 of 2021 Under Section 7 of the Essential Commodity Act has been registered. The aforesaid seized foodgrains and pick up van bearing Registration No. 11GD/0762 were handed over to the local police.

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The learned Collector, Purnea vide order dated

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Patna High Court CR. WJC No.1293 of 2023 dt.22-03-2024

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02.04.2022 has initiated a Confiscation Proceeding bearing EC Act No. 180 of 2022 of the seized Arwa rice and Pick-up Van, bearing Registration No BR-11GD/0762 in connection with Banmankhi P.S. Case No. 435 of 2021 under Section 7 of the E.C.Act on the basis of letter No.195/CR dated 24.3.2022 of the Superintendent of Police, Purnea. The learned Collector issued notice to the appellant to appear before his court on 22.4.2022 either personally or through Advocate and put his defence as to why not the seized 15 quintals Arwa rice and said Pick-up van seized in Banmankhi P.S. Case No.435 of 2021, may be confiscated. On 6.5.2022 appellant appeared before the learned Collector, Purnea and filed show-cause before the learned court with a prayer to drop the proceeding and release the seized pick-up van in his favour through challan and conclud the said proceeding.

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It is admitted fact that an F.I.R. has been registered for the offence under Section 7 of the E.C. Act against two accused persons including the present appellant and Banmankhi Police caught the vehicle of the appellant, while he was transporting the alleged subsidize Arwa rice for black marketing. It is submitted by the learned Advocate for the petitioner that by a notification, dated 15th February,

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2022, the licensing requirements, stock limits and transportation of foodgrains like rice, wheat etc. was removed by removal of “licensing requirements, stock limits and movement restrictions” on specified Food Stock Order, 2002, w.e.f. 15th February, 2022. Thus, the petitioner is entitled to do free trade in open market. Accordingly, he cannot be held liable under Section 7 of the Essential Commodities Act.

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In support of his contention, the learned Advocate for the petitioner refers to the following unreported decisions of this Court, passed by the Coordinate Benches: -

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(i) Dilip Kumar Vs. The State of Bihar (Criminal Miscellaneous No. 1537 of 2014), decided on 11th April, 2018. (ii) Sandip Kumar Jaiswal @ Sandip Jaiswal Vs. The State of Bihar & Ors. (Criminal Writ Jurisdiction Case No. 2245 of 2017), decided on 26th July, 2018.

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(iii) Arjun Prasad @ Arbind Kumar (Criminal Miscellaneous No. 12491 of 2022), decided on 8th February, 2024.

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(iv) 2006 SCC online Pat. 4 (Sriram Rai and

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Patna High Court CR. WJC No.1293 of 2023 dt.22-03-2024

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Anr. Vs. The State of Bihar & Ors.), decided on 2nd January, 2006.

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(v) Cr. Misc. No. 11049 of 2021 (Naresh Sah Vrs. State of Bihar &Anr.), decided on 19th May, 2022.

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(vi) Haridarshan Jee @ Babloo Sah, Vs. The State of Bihar and Ors. (Criminal Writ Jurisdiction Case No. 256 of 2023) decided on 01.03.2023.

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(vii) Sudhir Kumar Vs. State of Bihar and Ors. (Criminal Writ Jurisdiction Case No. 2808 of 2018) decided on 01.03.2024.

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This Court concurs the view of the Coordinate Benches on the issue that for carrying the foodgrains in the pickup van he cannot be held liable under Section 7 of the Essential Commodities Act.

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Accordingly the said Pick up van should be released to its registered owner on his executing surety bond of Rs. 1 lakh with further condition that he shall produce the same as and when called for in connection with Banmankhi P.S. Case No. 435 of 2021 and shall not

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Patna High Court CR. WJC No.1293 of 2023 dt.22-03-2024

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change value, character and colour of the vehicle,

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without the leave of the Court.

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