VIJAY NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Sunil Kumar Sharma for the petitioner, and Mr. Anuj Prakash, learned junior counsel to Standing Counsel No. 6, for the respondents.

(2.) ACCORDING to the writ petition, the respondent authorities had seized 61 quintals of KHESARI, and 17 quintals of MASUR, from the petitioners premises on 4.5.2000. The seizure list is marked Annexure -1 to the writ petition (also marked Annexure -A to the counter affidavit). This led to Confiscation Case No. 10(M) 2001, wherein the petitioner prayed for dropping the proceedings and release of the food - grains. The same was allowed by order dated 6.8.2001 (Annexure -2), passed by the learned District Magistrate of the district of Nawada, whereby he directed the foodgrains to be released on the ground that there is no provision in law to seize/ confiscate the said items. The concerned authorities did not release the goods leading to the order dated

(3.) THIS matter has been taken up by this Court more than once. By order dated 9.8.2005, the State counsel was directed to file a counter affidavit as to why heavy cost should not be imposed on the persons who are responsible for not complying with the aforesaid order. It was again taken up on 24.8.2005, on which date it was, inter alia, directed that,