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1976 Supreme(Pat) 140

SHIVESHWAR PRASAD SINHA
Shambhu Prasad Sah – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Messrs. Avadhesh Kumar Datta and Rajendra Prasad.
For the State : Mr. Ramnandan Prasad.

JUDGMENT

S. P. Sinha, J.

This application has been filed by Shambhu Prasad Sah, the owner of a truck bearing registration no. BRJ 3151, for the release of the truck which has been seized in connection with Jamtara P.S. Case no. 6 (5) 76. The allegation is that this truck was carrying rice beyond the limits of the State of Bihar when it was apprehended near Chittranjan Railway Station on the 11th May, 1976, at about 5.30 in the morning. The truck has since been in the custody of the Jamtara Police station.

2. An objection has been raised on behalf of the opposite party that since confiscation proceedings have been started for confiscating the said truck, the provisions of section 6A (6) of the Essential Commodities (Bihar Third Amendment) Ordinance, 1976 (Bihar Ordinance No. 123, 1976) (hereinafter referred to as 'the Ordinance') gets attracted and, consequently the jurisdiction of the Collector with regard to the disposal of the truck becomes exclusive. It can not now be interfered with by any authority, except the authority appointed under the said Ordinance. According to the learned Counsel for the opposite party, therefore, even if this Court passes an order releasing the truck, it











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