Rajeev Ranjan Prasad, J. – This writ application has been filed seeking a direction to the respondent authorities to release the truck bearing no. DL-1GB-6447, (Tata Motors- LPT 1613/42 BS 3 EX CABIN), Chassis No. 373344ERZ119779, Engine No. 697TC55ERZ126507 which has been seized by the Block Supply Officer, Sahdae Bujurg along with the officials of Desari Police Station on the purported ground that the same was loaded with 351 bags of wheat (185.71 quintal) which is suspected to be subsidized government food grain (wheat) for which Desari P.S. Case No. 242 of 2022 dated 11.06.2022 has been registered under Section 7 of the Essential Commodities Act (hereinafter referred to as the ‘E.C. Act’) and Sections 420, 120B/34 of the Indian Penal Code.

2. Learned Senior Counsel for the petitioner submits that on the basis of a written report of the Block Supply Officer, Desari (Vaishali) that government foodgrains are loaded on a truck bearing no. DL 1GB 6447 a raid was conducted with the assistance of police officers of Mahnar Police Station and Desari Police Station. It is alleged that on the truck 351 bags of wheat among which few were marked with logo of Bihar State Fertilizer Corporation weighing 185.71 quintals were seized. The wheat bags were handed over to the Assistant Godown Manager, Bihar State Fertilizer Corporation, Sahdae for safe storage. A case under Section 7 of the E.C. Act and Section 420, 120B/34 IPC has been lodged.

3. It is submitted that the truck of the petitioner was being used for transporting the wheat of one M/S Anisha Traders which has been purchased by Hajipur Roller Floor Mills. In this regard, the petitioner has brought on record the invoices issued by the seller M/s Anisha Traders which also bears the GST number of the purchaser of wheat as well as of seller of wheat. It is stated that M/s Anisha Traders is also registered with GST and deals in purchase and sale of foodgrains including wheat and rice.

4. Learned Senior Counsel for the petitioner submits that for release of the foodgrains M/s Anisha Traders had moved this Court in Cr.W.J.C. No. 697 of 2022 which has been allowed by this Court vide judgment dated 07.07.2022. It is submitted that in the present case also the petitioner is ready to abide by the terms and conditions on which the release may be ordered.

5. Learned Senior Counsel for the petitioner relies upon a judgment of the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. The State of Gujarat reported in (2002) 10 SCC 283 to submit that the ratio of the said judgment would equally apply in the facts of the present case where truck in question is standing under open sky in uncared condition for last about two months and is losing its road worthiness every day.

6. Learned Senior Counsel has pointed out to the extent that this Court on many occasions has come across the cases where the vehicles lying on the road side near the police station has been subjected to theft of its valuable parts and at times it becomes difficult to run the vehicle. Learned Senior Counsel has further submitted that even though in this case it has been brought to the notice of this Court that a confiscation proceeding has been initiated but on a bare perusal of Annexure ‘C’ to the counter affidavit, it would appear that the entire exercise has been done in haste. It is pointed out that the raid in question has been conducted on 06.06.2022 but the FIR has been lodged after five days on 11.06.2022.

7. From Annexure ‘C’ to the counter affidavit, it would appear that immediately after lodging of the FIR the Sub- Divisional Officer, Mahnar vide his letter no. 1394 dated 16.06.2022 submitted a report to the Additional Collector, Vaishali (hereinafter referred to as the ‘ADM’) to pass an order under Section 6-A of the E.C. Act for confiscation of the truck in question. Based on the said report immediately after two days the ADM, Vaishali passed the order dated 18.06.2022. The whole basis of the report of the Sub-