LAJU PRASAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner describes himself as the proprietor of Kharakiya Trading Company, At & P.O. Nirsa in the district of Gaya. He seeks to challenge the orders of confiscation of 120 bags of sugar. The confiscation order, at the first instance, was passed by the Dist. Magistrate, Gaya on 18-10- 1989/19-10-1989 in Confiscation Misc. Case No. 40/1988. The appeal preferred against that order was rejected by the Secretary, Food, Supply and Commerce Department, Government of Bihar by order dated 12-3-1993 (Annexure 1) passed in Confiscation Appeal No.113 of 1989. It is these two orders which come under challenge in this writ petition. The petitioner further seeks a direction for refund of the sale price of the sugar which was sold @ Rs. 483/- per bag during the pendency of the confiscation proceeding.

(2.) According to the petitioner's case, he had purchased 120 bags of sugar from Awadh Sugar Mills, Hargawan, Sitapur (U.P.) For transportation to Dhanbad, the purchased sugar was loaded on truck bearing registration No. UPX4592. As some mechanical defects developed in the truck on way to Dhanbad, the sugar had to be transferred to another truck bearing registration No. BRB 9527. On 5-1-1986 while truck No. BRB 9527 was on way to Dhanbad, it was seized along with the sugar loaded on it at village Gopalpur under Sherghati police station and a confiscation proceeding was initiated in which the impugned orders were passed directing for the confiscation of the seized sugar.

(3.) According to the counter-affidavit filed in this case the truck bearing registration No. BRB 9527 was apprehended at Gopalpur Check post near Sherghati. At that time there were four persons in the truck three of whom succeeded in making good their escape. One person, namely, Arvind Kumar who stated that he was the Munshi of Manohar Ram, son of Prayag Ram of Mohalla Kathokar Talab, Gaya. According to the statement of the aforesaid Arvind Kumar, the driver of the truck, Md. Bashir Shah, Manohar Ram and Bishu Prasad were the persons who managed to escape. Arvind Kumar further stated before the police that the sugar was purchased at Sasaram at a price of Rs. 70,080/- and the three purchasers were together at the time of the transaction. It is further alleged that according to Arvind Kumar the sugar in question was to be sold in "black market" at Dhanbad.