PURUSHOTTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed seeking a direction to the respondent authorities to release the truck bearing no. DL-1GB-6447, (Tata Motors- LPT 1613/42 BS 3 EX CABIN), Chassis No. 373344ERZ119779, Engine No. 697TC55ERZ126507 which has been seized by the Block Supply Officer, Sahdae Bujurg along with the officials of Desari Police Station on the purported ground that the same was loaded with 351 bags of wheat (185.71 quintal) which is suspected to be subsidized government food grain (wheat) for which Desari P.S. Case No. 242 of 2022 dtd. 11/6/2022 has been registered under Sec. 7 of the Essential Commodities Act (hereinafter referred to as the 'E.C. Act') and Ss. 420, 120B/34 of the Indian Penal Code.

(2.) Learned Senior Counsel for the petitioner submits that on the basis of a written report of the Block Supply Officer, Desari (Vaishali) that government foodgrains are loaded on a truck bearing no. DL 1GB 6447 a raid was conducted with the assistance of police officers of Mahnar Police Station and Desari Police Station. It is alleged that on the truck 351 bags of wheat among which few were marked with logo of Bihar State Fertilizer Corporation weighing 185.71 quintals were seized. The wheat bags were handed over to the Assistant Godown Manager, Bihar State Fertilizer Corporation, Sahdae for safe storage. A case under Sec. 7 of the E.C. Act and Sec. 420, 120B/34 IPC has been lodged.

(3.) It is submitted that the truck of the petitioner was being used for transporting the wheat of one M/S Anisha Traders which has been purchased by Hajipur Roller Floor Mills. In this regard, the petitioner has brought on record the invoices issued by the seller M/s Anisha Traders which also bears the GST number of the purchaser of wheat as well as of seller of wheat. It is stated that M/s Anisha Traders is also registered with GST and deals in purchase and sale of foodgrains including wheat and rice.