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Neelam Devi vs The State Of Bihar & Ors on 29 August, 2012

Author: Jayanandan Singh

Bench: Jayanandan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15125 of 2012
                 ======================================================
                 Neelam Devi Wife of Arun Sah Resident of Bardaha, P.S- Sikati, District
                 Araria.
                                                                           .... .... Petitioner
                                                    Versus
                 1. The State Of Bihar
                 2. The I/c Block Supply Officer, Bahadurganj, District - Kishanganj.
                                                                        .... .... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     : Mr. Sanjeet Kumar, Advocate
                 For the Respondents :       Mrs. Archana Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH
                 ORAL ORDER

2   29-08-2012

Petitioner has filed this writ application for a direction to the respondents for release of her truck bearing registration no.BR-19 9263 seized on the allegation that 160 bags of wheat with mark of FCI loaded thereon were being carried away with a view to sell in black market.

Learned counsel for the petitioner submits that after seizure of the truck, a criminal case has been instituted against petitioner bearing Bahadurganj P.S. Case no.96/12 under Section 7 of the Essential Commodities Act and Sections 413 and 414 of the Indian Penal Code. He submits that wheat is a perishable item and, therefore, the learned Chief Judicial Magistrate may get the same sold and get the sale proceeds of wheat deposited in the treasury in connection with this case awaiting final decision in the matter.

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So far as truck is concerned, the same is lying under the open sky facing vagaries of Nature and, therefore, if it remains lying indefinitely pending final decision in the case, it may get damaged beyond repairs and petitioner may suffer irreparable loss and injury. Hence, he submits that the truck may be released provisionally in favour of petitioner on any condition which the court may impose.

Learned counsel for the petitioner also submits that no confiscation proceeding has been initiated in the matter by the Collector.

Learned counsel for the respondents submits that if petitioner furnishes bond and surety, truck may be released provisionally in his favour subject to the final result of the case.

In the circumstances, this writ application is disposed of with a direction to the learned Chief Judicial Magistrate, Kishanganj to release the truck in favour of the petitioner, after due verification of its ownership, in connection with Bahadurpur P.S. Case No.96 of 2012 and upon furnishing such bond and surety as he may require, positively within four weeks from the date of furnishing of bond and surety by petitioner.

(Jayanandan Singh, J) B.T/-