ANISHA TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mrigank Mauli, learned Senior Counsel for the petitioner assisted by Mr. Prince Kumar Mishra, learned Advocate on Record and Mr. Upendra Pratap Singh, learned AC to SC 4.

(2.) This application has been filed for a writ in the nature of a writ of mandamus commanding the respondent authorities to release (i) 474 bags of Para Boiled Rice (51.79 kg per bag), (ii) 994 bags of Arwa rice (46.2 kg per bag), (iii) 2749 bags of wheat (52.9 kg per bag), (iv) 26 bags of paddy (40.2 kg per bags) found in the Godown of Anisha Traders, along with (v) 351 bags of wheat which were loaded on truck bearing registration no. DL-1GB- 6447, (vi) 70 bags Arwa Rice (32.35 quintal), (vii) 405 bags Para boiled rice (209.75 quintal), and 351 bags of wheat (weighing 185.71 quintal) loaded on Truck bearing registration no. DL-1GB-6447 and 70 bags of Arwa Rice (32.35 quintal), 405 bags Para boiled rice (209.75 quintal) seized from Godown of Anisha Traders seized by the Block Supply Officer, Desari along with the officials of Desari Poice Station on 6/6/2022 for which Desari P.s. Case No. 242 of 2022 has been registered.

(3.) It is the case of the petitioner that it is a proprietorship concerned having its office at Sahdai Buzurg, Sarai Dhanesh, Vaishali. It's unit is involved in business of selling and buying rice, wheat and other items. It is submitted that the FIR has been instituted on the written report of the Block Supply Officer, Desari on 6/6/2022 stating that he received secret information that on a truck bearing registration number DL-1GB-6447 bags of subsidized government foodgrains were loaded. On such information the Block Development officer, the Circle Officer and Block Supply Officer with the assistance of Police Officers of Mahnar Police Station and Desari Police Station conducted raid of the truck. 351 bags of wheats, among which few were marked with logo of Bihar State Fertilizer Corporation were seized and that gave a suspicion in the mind of the officials. They further raided the godown of the petitioner which was locked, they opened the gate and found 858 plastic bags filled with Arwa Rice, 51 bags of parboiled rice, 2403 bags of wheat, 18 sacks/bags of paddy, 1 bag of khalli, 65 jute bags of Arwa Rice, 18 jute bags of Parboiled rice, 225 jute bags of wheat and 165 empty jute bags marked with Bihar State Fertilizer Corporation. The FIR was lodged under Sec. 7 of Essential Commodities Act, 1955 and Sec. 420, 120B/34 of the Indian Penal code.