SURENDRA YADAV Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) The present writ petition has been filed for the following reliefs:

(2.) Learned counsel for the petitioner submits that the order of confiscation and the appellate order have arbitrarily been passed as the wheat and rice in question were liable to confiscation as there was no violation of Section 3 of the Essential Commodities Act. It is submitted that apart from F.I.R. filed, there is no finding of any violation having been committed by the petitioner in relation to the goods in question. It is further submitted that rice and wheat along with some other goods have been exempted from licensing requirements and other restrictions relating to stock limits and movement in terms of Removal of (Licensing Requirements, Stock Limits and Movement Restrictions) on Specified Foodstuffs Order, 2002 dated 15.02.2002 and thus such goods are liable for confiscation.

(3.) A counter affidavit has been filed on behalf of the State in which however the stand of the petitioner has been controverted.