IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17491 of 2022

======================================================

Shambhu Prasad Singh Son of Mokhtar Singh Resident of Village- Bihat,

Ward No.- 17, P.S.- Baruni, District- Begusarai, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of

Agriculture, Vikas Bhawan, Bailey Road, Patna.

2.

The Collector-Cum-District Magistrate, Supaul.

3.

The District Agriculture Officer, Supaul.

4.

The Assistant Director, Plant Conservation, Supaul.

5.

The S.H.O. Birpur Police Station, District- Supaul.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Avinash Shekhar, Adv.

For the State

:

Mr. Raghwanand ( Ga 11 ),

Mr. Sanjay Kumar Tiwari, AC to GA-11

======================================================

CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

2

06-04-2023

1. Heard the parties.

2. The petitioner has prayed for quashing of the order

dated 07.05.2022, passed by the District Magistrate, Supaul,

whereby petitioner’s truck has been confiscated and for release

of the said truck in favour of him.

3. It is submitted by the learned counsel for the

petitioner that truck was not required to be confiscated, as there

was no material available for confiscating the same. It is further

submitted that the confiscating only of the fertilizer which was

found on the truck.

4. The notice was also issued to the petitioner with

Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023

2/6

regard to the fertilizer alone and, therefore, confiscating the

truck was is an act which goes beyond the jurisdiction of the

concerned authority. He, therefore, submits that he does not

require to file an appeal against the said confiscation.

5. I have considered the submission, Section 6(A) of

the Essential Commodities (Bihar Amendment) Act,1977

provides as under:-

“6(A) For Section 6A, the

following Section shall be substituted for

the State of Bihar-

"6.A.

Confiscation

of

foodgrains, edible oil-seeds, edible oils,

etc.- (1) Where any essential commodity is

seized in pursuance of an order made under

Section 3 in relation thereto it shall be

reported without any unreasonable delay to

the Collector of the district in which such

essential commodity is seized and the

Collector may, if he thinks it expedient so to

do, inspect or cause to be inspected such

essential commodity, whether or not the

prosecution is instituted for the

contravention of such order and the

Collector, if satisfied that there has been a

contravention of the order, may order

confiscation of-

(a) the essential commodities so

seized;

(b) any package, covering or

receptacle in which such essential

commodity is found, and

Patna High Court CWJC No.17491 of 2022(2) dt.06-04-2023

3/6

(c) any animal, vehicle, vessel,

or other conveyance used in carrying such

essential commodity:

Provided

that,

without

prejudice to any actions which may be

taken under any other provision of this Act,

no foodgrains or edible oil seeds seized in

pursuance of an order made under Section

3 in relation thereto from producer shall if

the seized foodgrains or edible oil-seeds

have been produced by him, be confiscated

under this Section.

(2) Where the Collector, on

receiving a report of seizure or in

inspection of any essential commodity

under sub-section (1) is of the opinion that

such essential commodity is subject to

speedy and natural decay or that it is

otherwise expedient in the public interest so

to do, he may order the same to be sold at

the controlled price, if any, fixed-under any

law for the time being in force.

(3) In the case of foodgrains

where there is no controlled price, the

Collector if he thinks fit, may order the

foodgrains seized under sub-section (1) to

be sold through fair pric