KISHORI KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner has sought quashing of the Confiscation Case No. 30/2007, pending before the Deputy Commissioner, Hazaribagh (Respondent No.2), whereunder the said respondent has proceeded to confiscate 320 bags of wheat weighing 160 Quintals, which were alleged to be seized from a Truck bearing no. BR -13G -7455 belonging to the petitioner, who was the transporter for Tandwa Block under the State Food Corporation.

(2.) THE petitioner's case is that he was the transporter of wheat and other food articles engaged for transporting foodgrain from Hazaribagh to Tandwa by Bihar State Civil Supply Corporation Ltd. The truck was intercepted while carrying wheat at Ramgarh Road and the wheat was seized and a case under Section 7 of the Essential Commodities Act was initiated against him being Hazaribagh Sadar P.S. Case No. 07 of 2007. Simultaneously, a confiscation proceeding being No.30 of 2007 was also initiated for confiscation of the wheat which was seized from the said truck before the Deputy Commissioner, Hazaribagh. According to the petitioner, the wheat is not an essential commodity as declared under any Control Order issued under Section 3 of the Essential Commodities Act on the date of alleged occurrence. It is further submitted that the Public Distribution System (Control) Order, 2001, which has been relied upon by the respondents in their counter affidavit to support the confiscation of the vehicle, is inapplicable as the vehicle was not used for carrying any essential commodity. As such, the vehicle in question will not fall within the mischief of "diversion" under para 6 of the Control Order, 2001. It is further submitted that Control Order of 2001 has not been notified in the State of Jharkhand. Learned counsel for the petitioner also submits that the wheat, in question, belonging to the Food State Corporation, was duly released by the respondent no. 2 and it is not a subject matter of confiscation any more, as the petitioner was not owner of the seized wheat. According to the petitioner, the vehicle belonging to him also cannot be subjected to confiscation as already stated hereinabove as it was not carrying any essential commodity.

(3.) COUNTER affidavit has been filed on behalf of the District Manager, State Food Corporation (Respondent no. 4), while a separate counter affidavit has also been filed on behalf of the respondent nos. 1 to 3. The reliance has been placed upon the Public Distribution System (Control) Order, 2001 issued under Section 3 of the Essential Commodities Act, 1955 and clause 6(4) thereof to submit that a person engaged in the distribution and handling of essential commodities under the Public Distribution System and found indulging in substitution or adulteration or diversion or theft of stocks from Central Godown to fair price shop premises, is liable for proceedings under the Essential Commodities Act. The respondents, in their counter affidavit, have taken a stand that the confiscation proceeding pending before the respondent no.2 is in respect of confiscation of the vehicle, as the seized wheat meant for Public Distribution System has been released in favour of the State Food Corporation Authorities for distribution among beneficiaries in the District of Chatra.