BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have made this application under Articles 226 and 227 of the Constitution of India for a writ quashing the order dated 3.2.1976 of the District Magistrate-cum-Collector, Aurangabad, confiscating some foodgrains and two trucks and also directing for sale of the foodgrains through District Manager of State Food and Civil Supplies Corporation through public distribution system and depositing the sale proceeds in the treasury as well as for the sale of the trucks by auction and deposit of the sale proceeds thereof also in the treasury.

(2.) It appears that on 22.5.1975 two trucks, BRZ 582 and BRZ 3119, were stopped by the Officer-In-Charge, Nabinagar Police Station in the district of Aurangabad at Nabinagar bus stop. They were found loaded with rice. The drivers on being asked could not show any permit. Four persons, who are not petitioners before this Court, were also found on the truck. On truck No. BRZ 582, 104 big bags and 4 small bags of rice were found and on the other truck BRZ 3119, 88 big bags and 4 small bags of rice were found. The Officer-In-Charge, Police Station Nabinagar recorded a first information report which has been made Annexure '1' to this writ application, for action against the drivers of the two trucks and the four persons who were found on the truck under the Essential Commodities Act. Subsequently petitioners Nos. 1 and 2, who claim to be owners of the two trucks, made an application before the Chief Judicial Magistrate, Aurangabad for release of the two trucks and their prayer was refused by order dated 29.1.1976 (Annexure '2'). The other three petitioners 3 to 5 claimed that they were owners of the rice which was found on the trucks and they filed affidavits to that effect in the court below. They also filed show cause even though no action was being taken against them. A criminal case, on the basis of the said first information report, is pending against the drivers and the four persons who were on the trucks at the time the rice and the trucks were seized.

(3.) The District Magistrate-cum-Collector, Aurangabad heard the arguments of the parties in that connection on 6.8.1975 but passed the impugned order of confiscation and sale of the rice and the trucks on 3.2.76.