Mosmat Parwati Devi vs The Sate Of Biahr, Through Principal ... on 8 August, 2018

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Patna High Court - Orders

Mosmat Parwati Devi vs The Sate Of Biahr, Through Principal ... on 8 August, 2018

Bench: Rajeev Ranjan Prasad

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Writ Jurisdiction Case No.1415 of 2018
                 ======================================================
                 Mosmat Parwati Devi W/o Late Basant Rajbanshi, R/o Vill.- Manghgawan,
                 P.S.- Wagirganj, District- Gaya.

                                                                       .... .... Petitioner/s
                                                   Versus
                 1. The Sate of Biahr, Through Principal Secretary, Food And Civil Supply,
                 Govt. of Bihar, Patna.
                 2. The District Magistrate, Gaya.
                 3. The Sub Divisional Officer Gaya.
                 4. Block Supply Officer Wagirganj, Gaya.
                 5. Assistant Godown Manager BSFC Wagirganj, Gaya.

                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. Nand Kishore Prasad Sinha
                 For the Respondent/s  : Mr. Upendra Pratap Singh AC to SC-4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN
                 PRASAD
                 ORAL ORDER

3   08-08-2018

From the pleadings available on the record, one thing is clear that food grains which have been seized in connection with Wazirganj P.S.Case No.556 of 2017 dated 05.08.2017 under Sections 467, 468, 420 and 120 (B) of the Indian Penal Code and under Section 7 of the Essential Commodities Act are the food grains which were supplied to the petitioner as a dealer of the Public Distribution Shop through which those food grains were to be distributed among the ration card holders.

The allegation is that the food grains were not brought to the shop of the petitioner and those were taken to a different destination with an intention to indulge in black- Patna High Court Cr. WJC No.1415 of 2018 (3) dt.08-08-2018 2/2

marketing of those food grains. At this stage, the prayer of the petitioner is that the food grains which are meant for distribution through the Public Distribution System by the petitioner may be released in her favour so that those may be distributed among the beneficiaries.

Considering the facts of the case, particularly the admitted position that the food grains were admittedly supplied to the Public Distribution Shop of which the petitioner is a dealer, this Court would direct the release of the food grains in question on the petitioner furnishing two sureties to the satisfaction of the learned Additional Chief Judicial Magistrate 1st , Gaya. It is made clear that the case being Wazirganj P.S.Case No.556 of 2017 shall go on in accordance with law and the release of the food grains in the admitted facts of the case shall not prejudice the prosecution.

The writ application stands disposed off, accordingly.




                                              (Rajeev Ranjan Prasad, J)
Arvind/R.R.Ojha/Ved


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Patna High Court - Orders