RANJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are aggrieved by order dated 03.07.2012 passed by the Collector, Araria in Confiscation Case No.18/2011- 12 under Section-6 A of the Essential Commodities Act (Annexure-4 to the writ petition), as affirmed in appeal by the learned 1stAdditional Sessions Judge, Araria in Confiscation Appeal No.04 of 2012 (Trial No.01 of 2012) in so far as it relates to the order of confiscation of Tractor, bearing Registration No.BR 11L/1938 and Trailor, bearing Registration No.BR/11D 2837.

(2.) Heard learned counsel for the petitioners and learned counsel for the State and with their consent this writ petition is being disposed of at this stage itself.

(3.) It appears that on 14.11.2011 the aforesaid Tractor with the Trailor was intercepted along with 14.5 quintals of rice and 24.5 quintals of wheat. The Tractor and Trailor with food grains were seized. Consequent thereto, information having been sent to the Collector of the District, confiscation proceeding under Section-6 A of the Essential Commodities Act was initiated in respect of the food grains and the Tractor-Trailor. Petitioner claims to be the owner of the Tractor-Trailor. The information sent to the S.D.O. requesting initiation of the confiscation proceeding (Annexure-3 to the writ petition) was sent by the Block Supply Officer, Raniganj. The only allegation as made in the said communication is that upon being intercepted and asked for papers the driver could not produce any paper and ran away. The bags of food grains were packed in sacks bearing F.C.I. marking and beyond this there is no other allegation. The order of the Collector, who has passed the order of confiscation (Annexure-4) and the appellate order passed by the learned Judge (Annexure-5) also show that there is absolutely no reference to any order alleged to have been violated.