ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Writ was filed by the Petitioner for a direction upon the Respondents to release seeds which were seized from the establishment of the Petitioner at Muzaffarpur on 7.12.2007 by Sub-Divisional Agriculture Officer, Muzaffarpur on so-called oral instruction of the District Magistrate, Muzaffarpur.

(2.) Petitioner is supposed to be a licensee and had a valid subsisting licence under the Seeds Control Order, 1983. He was carrying on the business since the year 2003 without any complaint of breach of law much, less the terms and conditions of the licence. On the date of the incident a raid was carried out in the shop of one Shri Chandeshwar Pandey as well as yet another establishment known as Krishak Sewa Kendra. In the same transaction the Sub-Divisional Officer, West Muzaffarpur also got the premises of the Petitioner namely, Rampur Hari Bij Bhandar opened in the absence of the Petitioner and seized about 100 bags of wheat seeds manufactured by Uttaranchal Tarai Vikas Nigam. Each bag weighs 40 kgs. Another 30 bags of wheat seeds weighing 20 kgs. each was also seized, besides 15 bags of maize seeds weighing 40 kgs. each coupled with three drums of thimet weighing about 50 kgs. An FIR was lodged on 7.12.2007 which was registered as Muzaffarpur Town P.S. Case No. 516 of 2007 under Section 7 of the Essential Commodities Act. The FIR so instituted talked about other establishments but in the said case the Petitioner was not made an accused. When the Petitioner came to know about the said development, he raised objection that in absence of criminal case having been lodged against the Petitioner, nor any confiscation proceeding having been initiated, the seizure effected by the Sub-Divisional Agriculture Officer, East Muzaffarpur was illegal. Further he had no authority under the Seeds Control Order to carry out any search and seizure in respect of the seeds. Petitioner approached the Respondents but he did not beget any response. He further learnt that all the seized articles were handed over for safe custody to a private person namely, Vijay Kumar Singh who was stated to be staff of one Vaishali Enterprises, Akharaghat Road, Muzaffarpur. Since the Petitioner did not get any indulgence he decided to file the present writ application seeking release of the seized items including the seeds.

(3.) Writ came to be filed on 13th February, 2008. Matter came to be taken up for the first time on 22.4.2008 when the counsel for the State was directed to file a categorical counter affidavit with regard to the claim made in the writ application. Since a sketchy counter affidavit or evasive kind of counters affidavit was filed, State was directed to file supplementary counter affidavit. While the matter was under consideration of the Court, it was brought to the notice of the court that to frustrate the writ application the official Respondents specially Respondent No. 3, the Sub-Divisional Agriculture Officer, Muzaffarpur East was trying to alienate the seized goods. Vide order dated 14.7.2008 a direction was issued to Respondents No. 3, 4 and 5 to explain their conduct. Even the original records were called for to verify whether the so-called sale of the seized goods and the so-called deposit of the (sic) with the treasury was done with the object of frustrating the writ application especially when the matter was subjudice.