Patna High Court - Orders
Shambhu Prasad Singh vs The State Of Bihar on 6 April, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17491 of 2022
======================================================
Shambhu Prasad Singh Son of Mokhtar Singh Resident of Village- Bihat,
Ward No.- 17, P.S.- Baruni, District- Begusarai, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Agriculture, Vikas Bhawan, Bailey Road, Patna.
2. The Collector-Cum-District Magistrate, Supaul.
3. The District Agriculture Officer, Supaul.
4. The Assistant Director, Plant Conservation, Supaul.
5. The S.H.O. Birpur Police Station, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Shekhar, Adv.
For the State : Mr. Raghwanand ( Ga 11 ),
Mr. Sanjay Kumar Tiwari, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL ORDER
2 06-04-20231. Heard the parties.
2. The petitioner has prayed for quashing of the order dated 07.05.2022, passed by the District Magistrate, Supaul, whereby petitioner's truck has been confiscated and for release of the said truck in favour of him.
3. It is submitted by the learned counsel for the petitioner that truck was not required to be confiscated, as there was no material available for confiscating the same. It is further submitted that the confiscating only of the fertilizer which was found on the truck.
4. The notice was also issued to the petitioner with Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023 2/6 regard to the fertilizer alone and, therefore, confiscating the truck was is an act which goes beyond the jurisdiction of the concerned authority. He, therefore, submits that he does not require to file an appeal against the said confiscation.
5. I have considered the submission, Section 6(A) of the Essential Commodities (Bihar Amendment) Act,1977 provides as under:-
"6(A) For Section 6A, the following Section shall be substituted for the State of Bihar-
"6.A. Confiscation of foodgrains, edible oil-seeds, edible oils, etc.- (1) Where any essential commodity is seized in pursuance of an order made under Section 3 in relation thereto it shall be reported without any unreasonable delay to the Collector of the district in which such essential commodity is seized and the Collector may, if he thinks it expedient so to do, inspect or cause to be inspected such essential commodity, whether or not the prosecution is instituted for the contravention of such order and the Collector, if satisfied that there has been a contravention of the order, may order confiscation of-
(a) the essential commodities so seized;
(b) any package, covering or receptacle in which such essential commodity is found, and Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023 3/6
(c) any animal, vehicle, vessel, or other conveyance used in carrying such essential commodity:
Provided that, without prejudice to any actions which may be taken under any other provision of this Act, no foodgrains or edible oil seeds seized in pursuance of an order made under Section 3 in relation thereto from producer shall if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this Section.
(2) Where the Collector, on receiving a report of seizure or in inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to do, he may order the same to be sold at the controlled price, if any, fixed-under any law for the time being in force.
(3) In the case of foodgrains where there is no controlled price, the Collector if he thinks fit, may order the foodgrains seized under sub-section (1) to be sold through fair price shops at the price fixed by the Central Government or the State Government, as the case may be, for the sale of such foodgrains to the public through these shops or may order such foodgrains to be sold by public auction.
(4) The Collector shall whenever it is practicable so to do having regard to the nature of the essential Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023 4/6 commodity take and preserve sample of the same in the prescribed manner before its sale or distribution.
(5) Where any essential commodity is sold as aforesaid, the sale- proceeds thereof, after deduction of all expenses of the sale or auction, as the case may be, shall-
(a) where no order of confiscation is ultimately passed by the Collector; or
(b) where an order passed on appeal under sub-clause (1) of Section 6-C so requires; or
(c) in the case of prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under this Section and where the person concerned is acquitted be paid to the owner thereof or the person from whom it is seized:
Provided that in the case of foodgrains sold through fair price shops in accordance with sub-sections (2) and (3) the owner shall be paid for the foodgrains so sold, the price fixed by the State Government, for retail sale of such foodgrains through such shops less all expenses of sale or auction under sub- sections (2) and (3).
(6) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (Act II of 1974) when Collector or the appellate authority is seized with the matter under this Section no Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023 5/6 court shall entertain any application in respect of essential commodities, any package, covering. receptacle, any animal, vehicle or other conveyance used in carrying such commodities as far as its release, distribution, etc. is concerned and the jurisdiction of Collector or the appellate authority with regard to the disposal of the same shall be exclusive.
(7) The State Government may, by notification in the Official Gazette, authorise any officer not below the rank of Sub-Divisional Magistrate, to discharge all or any of the functions of a Collector under this Section.
(8) The Collector shall for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 when making enquiries under this Section in respect of the following matters, namely:-
(a) receiving evidence on
affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath; and
(c) compelling the production of documents;
(9) All enquiries and proceedings under this Section before the Collector and the Appellate Authority shall be deemed to be judicial proceeding and while discharging functions under this Section the Collector and the Appellate Authority shall be deemed to be a Court.
Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023 6/6 Explanation. For the purposes of this Section the Collector shall include authorized 'Additional Collector' and any officer specially authorized under sub- section (7)."
6. In view of above, the receptacle where in that Essential Commodity is seized is also liable for confiscation, since the fertilizer was found in the truck, which was carrying the said essential commodity, the same has rightly been confiscated.
7. The order dated 07.05.2022, passed by the District Magistrate, Supaul, therefore, does not warrant any interference.
8. Accordingly, the writ petition stands dismissed.
(Sanjeev Prakash Sharma, J) Pravinkumar/-
Item No. 7 U