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2023 Supreme(Pat) 678

RAJEEV RANJAN PRASAD
Purushottam Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Mrigank Mauli, Sr. Adv., Prince Kumar Mishra.
For the Respondent: Mr. Bijoy Kumar Sinha, AC to AAG-5.

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 Corporatio

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