RAM BAHADUR Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The original writ application has been filed for quashing the order dated 29-11-86 passed by the Deputy Commissioner, Gumla where by he has ordered confiscation and sale of the truck bearing no. BRV 4971.

(2.) It appears that Sessai P.S. Case No. 59/86 under Sec. 7 of the Essential Commodities Act was registered against three persons i.e. the driver and the ration shop owners on the allegation that the food-grains were being removed in the truck illegally from the ration shop and in consequence thereof the food-grains and the truck involved were seized and F.I.R. was lodged on 17-9-86. On 18-9-86 the police officer sent the seizure list of the food-grains to the Deputy Commissioner, Gumla, who initiated a case 43 R 15 of 1986-87 under Sec. 6-A of the E. C. Act and by the order dated 29-10-86 the seized food-grains and the truck were ordered to be confiscated as a result of that proceeding.

(3.) It appears that the truck involved in this case was seized on 7-10-86 and not on the dated of the occurrence. On 14-10-86 the petitioner filed an application before the Special Judge, Reachi, for release of the truck and an order was passed on 27-10-86 directing the Public Prosecutor to intimate the court as to whether any confiscation proceeding has been started or not and, thereafter the impugned order was passed.