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Lalan Sah @ Lalan Prasad vs State Of Bihar And Ors

Patna High Court · Decided on 25 September 2020 · Citation: (2020) 09 PAT CK 0333

HON’BLE JUDGES
Vikash Jain, J
ACTS & SECTIONS REFERRED
Essential Commodities Act, 1955 — Section 6E, 7
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 5557 Of 2020
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Judgment

18 paragraphs · 346 words
1.

Heard learned counsel for the petitioner and learned counsel for the State through video conference.

2.

The following reliefs as formulated by the petitioner have been claimed in the writ petition--

“(i) For issuance of writ/s in nature of mandamus directing to the District Magistrate (Respondent No.2) to release the Bolero Pickup bearing its

Registration No.-BR-05G-4921 which was seized by Pipra Police Station case no. 316/2018 for the offences u/s 7 of the EC Act.

(ii) For issuance of any other writ/s, order/s, direction/s for which the petitioner is legally entitled to.

(iii) During the pendency of this writ petition, confiscation proceeding if any may kindly be stayed.â€​

3.

At the very outset, this Court takes note of the statement made in paragraph 11 of the writ petition that Confiscation Case No. 24/2019 relating to

the vehicle has been initiated.

4.

Having heard the parties, this Court is not inclined to interfere in the matter at this stage, moreso in view of the provisions of Section 6E of the E.C.

Act in terms of which the Collector has exclusive jurisdiction in the matter of “possession, delivery, disposal, release or distribution†of essential

commodities which are subject-matter of confiscation proceeding.

5.

The writ petition is accordingly disposed of, granting liberty to the petitioner to approach the Collector, East Champaran at Motihari (respondent

no.2) with an appropriate petition for release of his vehicle. If any such petition is filed within a period of two weeks from today, the same shall be

disposed of within a further period of two weeks thereafter on it own merits in accordance with law after grant of an opportunity of hearing to the

petitioner.

6.

It is also made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made through e-mail and that

the petitioner shall be at liberty to request the concerned authority for hearing through video conference. For this purpose, the petitioner shall furnish

his mobile number and e-mail ID to the concerned authority in the petition permitted to be filed as aforesaid.