Shivraj Prasad Sah @ Shivraj Sah v. The State of Bihar through the Collector-cum- District Magistrate
Case brief
What is this about?
Release of seized rice; Essential Commodities Act Section 7; black-marketing allegation; Khagaria P.S. Case No. 426/2020 dated 17.06.2020; Article 226 writ; Central Government Notification 15.02.2022 permitting free buy/stock/transport of wheat, paddy/rice, coarse grains, sugar, edible oil seeds without licence; FIR maliciously instituted, mala fide; no case under Section 7 even at face value; 345 bags arwa chawal/arwa rice transport to Haryana; E-transit bills; GST; jammnma Rs. 5 lacs District Magistrate Khagaria; relied on Ram Sagar Choudhary Vs. State of Bihar 2024 (3) PLJR 744; referred Naresh Sah (Cr. Misc. No. 11049 of 2021, dt. 19.02.2022), Sandip Kumar Jaiswal (CWJC No. 2245 of 2017, dt. 26.07.2018), Sriram Rai (2006 SCC Online Pat. 4, dt. 02.01.2006); Patna High Court CR. WJC No.947 of 2024 decided 06-02-2025 by Bibek Chaudhuri, J.
What did the court decide?
Writ petition allowed; respondents directed to release 345 bags of arwa chawal in favour of the petitioner on his executing a jammnma of Rs. 5 lacs in favour of the District Magistrate, Khagaria.