Safdar @ Safdar vs State Of Bihar - 2021 Supreme(Pat) 878

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 878

MADHURESH PRASAD
Safdar @ Safdar – Appellant
Versus
State Of Bihar – Respondent

Advocates:
Advocate Appeared:
N.K. Agrawal, Advocate, Vijay Anand, Advocate, Prashant Pratap, Advocate

JUDGMENT/ORDER :

Madhuresh Prasad, J.

Heard Mr. N.K.Agrawal, learned senior counsel appearing for the petitioner and Mr. Prashant Pratap, learned GP-2 has assisted the Court on behalf of the State-respondent.

2. The writ petition has been filed for a direction upon the Respondent No.2 (the District Magistrate, Madhubani) to release the public Career Truck bearing registration No. UP 14 GT 6408 seized by the Block Supply Officer, Pandaul, in Confiscation Case No.7 of 2019-20, pending before the learned Collector, Madhubani.

3. The learned Senior Counsel has submitted that the release has been prayed for subject to the normal condition that the petitioner would fulfill the adequate security for its release. Upon its release, he would not create any third party right and the truck would be produced before the Authority as and when required.

4. The truck was seized and criminal prosecution was instituted which led to lodging of Sakri PS Case No 73 of 2019, under Sections 420, 120B of the I. P. C. and Section 7 of the Essential Commodities Act (hereinafter referred to as "the Act").

5. Being owner of the truck bearing registration No. UP 14 GT 6408, the petitioner filed an application for rel