Saurav Kumar Gupta vs State Of Bihar

The present writ petition has been filed for the following reliefs:-

"i. Issuance of appropriate writ in the nature of Certiorari quashing a proceeding initiated by the Collector, Supaul under Section 379, 411 of I.P.C. and section 7 of Essentials Commodities Act and the notice dated 14.06.2023 by which he has initiated a confiscation proceeding being Supply Confiscation Case No. 25/2023 arising out of Supaul P.S. Case No. 446 of 2023 registered on 07.06.2023 under section 7 of Essentials Commodities Act.

ii. Issuance of appropriate writ in the nature of Mandamus directing and commanding  the  respondents  authorities  to release the Rice (634 bags, 305 quintals aprox) in favour of the petitioner because the same is lying under open sky in the police station as  nobocy is there to take care of the food grans and/or the same has been illegally seized.

iii. For issuance of any other relief or relief(s) for which the petitioner is entitled for."

Learned counsel appearing on behalf of the petitioner has stated that under similar circumstances this Court in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No. 7145 of 2023 dated 22.06.2023 has directed the concerned District Magistrate to release the food grains that was seized from the petitioner. Learned counsel for the petitioner has stated that the petitioner is similarly situated and that the petitioner is ready to furnish adequate security/surety for the purpose of release of food grains as per the direction of the District Magistrate, Supaul. Further, it is submitted that the confiscation proceedings are in the nature of civil proceedings and it is ultimately the sale proceedings of the confiscated property that will go into the account of the State and that the petitioner is ready and willing to provide adequate securities/sureties. And as such, the District Magistrate, Supaul, may be directed to release the food grains in his favor subject to any other condition that may be imposed upon.

Learned counsel appearing on behalf of the respondents has stated that as the petitioner is ready to provide adequate securities/sureties and to abide by the reasonable terms and conditions that may be imposed by the District Magistrate, Supaul, he has no objection if this Court directs the District Magistrate, Supaul to release the food grains in favor of the petitioner subject to providing adequate securities/sureties to the extent value of the food grains and also subject to the petitioner abiding by other terms and conditions that may be imposed by the District Magistrate, Supaul.

Having regard to the above facts and circumstances of the case and also the judgments of this Hon’ble Court referred above, this Court directs the District Magistrate, Supaul to release the food grains of the petitioner seized in connection with Supaul P.S. Case No. 446 of 2023, which are subject matter of the present writ petition, subject to the condition that the petitioner shall make available adequate and sufficient securities/sureties (not in cash or bank guarantee) to the satisfaction of the District Magistrate, Supaul to the extent of the value of the food grains which may be assessed and that the petitioner undertakes to abide by any other condition that may be imposed for the purpose of future proceedings by the District Magistrate, Supaul.

Learned counsel for the petitioner undertakes on instruction from the petitioner that if the food grains are released in his favor, in course of trial he will not raise any question with respect to the seizure of the food grains and no identification issue shall be raised in course of trial. Further, the photographs of the jute bags containing the rice which may be exhibited in course of trial and the samples of the seized food grains if obtained in accordance with law shall not be questioned by the petitioner and he will not claim any benefit out of this order in the pending proceedings and pursuant to the release of the food grains in his favor.

Let the District Magistrate, Supaul pass an appropriate order after valuation of the food grains and other conditions to which the petitioner would be required to abide by. Such orders be passed within two weeks from the date of receipt/communication of this order.

With the above reasons, the present writ petition stand disposed off.