RAJ KUMAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

(2.) This application has been filed for setting aside the order dtd. 3/12/2020 passed by District Collector, Supaul, in Supply Confiscation No. 16 of 2020 (Annexure-5 to the writ application) arising out of Bhaptiyahi P.S. Case No. 93/2020 registered for the offence under Sec. 7 of the Essential commodities Act, 1981.

(3.) Short facts which give rise to the present application is that the petitioner is the owner of the vehicle in question i.e., Bajaj Maxima Diesel Auto (Three Wheeler) bearing registration No. BR50P/4131, Engine No. BBYWKK71641 and Chassis No. MD2A95AYOKWKO1757 and the same is registered for commercial purposes as passenger carriage vehicle. The said vehicle was seized by the police in connection with Bhaptiyahi P.S. Case No. 93/2020. After investigation, police submitted chargesheet on 6/11/2020 of the offence under Sec. 7 of the E.C. Act against the petitioner. Subsequently, petitioner represented before the District Collector, Supaul, for release of the vehicle in Confiscation Case No. 16,but learned District Collector, Supaul, without going into the correctness and considering the procedure of law confiscated the vehicle of the petitioner and passed the impugned order.