VIJAY SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking the following reliefs:-

(2.) The learned counsel for the petitioner has submitted that the petitioner is neither a PDS dealer nor the rice and wheat bags, which have been seized, contain the mark of any government agency for that matter FCI. It is further submitted that rice and wheat seized by the confiscation authority are contained in handmade synthetic bags and belong to the petitioner herein. It is also the case of the petitioner that the impugned order dated 5.11.2019, nowhere states that the seized rice and wheat bags were being ferried by the petitioner for the purposes of black marketing and moreover, there is no material on record to suggest that there has been violation of any circular / notification / government instructions/ order. It is further submitted that rice and wheat are not controlled items, hence, there is no prohibition in either dealing with the same or ferrying the same from one place to another.

(3.) Per contra, the learned counsel for the respondents-State, referring to the paragraph no. 9 of the counter affidavit, has submitted that the petitioner has failed to establish his claim regarding transfer of ownership of the rice and wheat bags.