IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17940 of 2024 ====================================================== Md Saddam S/o Sahadatt Miyan Resident of Village-Sattaur Post-Narayanpur, P.S. Navhatta, District- Saharsa ... ... Petitioner/s Versus 1. The State of Bihar through District Magistrate, Cum Collector Saharsa, District-Saharsa. 2. The D.T.O., Saharsa. 3. The District Food and Civil Supply Officer, Saharsa. 4. The Sub-Divisional Officer, Sadar, District-Saharsa 5. The Office In-Charge (S.H.O.), Navhatta, P.S. District-Saharsa. 6. Block Supply Officer Cum Block Developemnt Officer, Navhatta. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Shahnawaz Ali For the Respondent/s : Mr.Government Advocate (3) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 4 16-05-2025 Heard the learned counsel for the parties. 2. The present writ petition has been filed for the following relief(s) : “I) A writ order and direction in the nature of certiorari for quashing the order dated 16.12.2023 passed in confiscation case no-03/2019 passed by the respondent authority no. 1 and other authorities whereby and where under rice 48 bags weighting 24 quintal are not released vide tractor registration no. BR19GA/1856 and Goods Trailer No. BR19GA/1860 are also not released to the petitioner even they are the i) A writ order and direction in the nature of certiorari for quashing the order dated 16.12.2023 passed in confiscation case no-03/2019 passed by the respondent authority no. 1 and other authorities whereby and where under rice 48 bags weighting 24 quintal are not released vide tractor registration no. BR19GA/1856 and Goods Trailer No. BR19GA/1860 are also not released to the petitioner even they are the perishable items/ goods, which is Patna High Court CWJC No.17940 of 2024(4) dt.16-05-2025 2/5 sized and confiscated illegally by the police vide Navhatta P.S (O.P Darhar) case no-47/19 under section-7E.C act, 1955 which does not come under the preview of section-7 E.C act, be issued. ii) A writ order and direction in the nature of mandamus directing and commanding upon the respondent authorities no. 1 to direct to release 48 bags weighting 24 quintal of rice and tractor which registration no. BR19GA/1856 and Goods Trailer No. BR19GA/1860 to the petitioner as they are the perishable items/ goods, be issued. iii) Any other relief, which the petitioner is entitled to.perishable items/ goods, which is sized and confiscated illegally by the police vide Navhatta P.S (O.P Darhar) case no-47/19 under section-7E.C act, 1955 which does not come under the preview of section-7 E.C act, be issued. ii) A writ order and direction in the nature of mandamus directing and commanding upon the respondent authorities no. 1 to direct to release 48 bags weighting 24 quintal of rice and tractor which registration no. BR19GA/1856 and Goods Trailer No. BR19GA/1860 to the petitioner as they are the perishable items/ goods, be issued. iii) Any other relief, which the petitioner is entitled to.” 2. Learned counsel appearing on behalf of the petitioner has stated that under similar circumstances, this Court in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No. 7145 of 2023 dated 22.06.2023 has directed the concerned District Magistrate to release the food grains and also the vehicle that was seized from the petitioner therein. Learned counsel for the petitioner has stated that the petitioner is similarly situated and that the petitioner is ready to furnish adequate security/surety for the purpose of release of food grains and vehicle as per the direction of the District Magistrate, Saharsha. Further, it is submitted that the confiscation Patna High Court CWJC No.17940 of 2024(4) dt.16-05-2025 3/5 proceedings are in the nature of civil proceedings and it is ultimately the sale proceeds of the confiscated property that will go into the account of the State and the petitioner is ready and willing to provide adequate securities/sureties. Therefore, the District Magistrate, Saharsha, may be directed to release the food grains and vehicle in favor of the petitioner, subject to any other condition that may be imposed. 3. Learned counsel appearing on behalf of the respondents has stated that as the petitioner is ready to provide adequate securities/sureties and to abide by the reasonable terms and conditions that may be imposed by the District Magistrate, Saharsha, he has no objection if this Hon’ble Court directs the District Magistrate, Saharsha, to release the food grains and vehicle in favor of the petitioner subject to the petitioner providing adequate securities/sureties to the extent of the value of the food grains and vehicle and also subject to the petitioner abiding by other terms and conditions that may be imposed by the District Magistrate, Saharsha. 4. Having regard to the above facts and circumstances of the case and also the judgments of this Hon’ble Court referred above, this Court directs the District Magistrate, Saharsha, to release the food grains and vehicle seized from the Patna High Court CWJC No.17940 of 2024(4) dt.16-05-2025 4/5 petitioner in connection with Navhatta P.S. Case No. 47/19, which are subject matter of the present writ petition, subject to the condition that the petitioner shall make available adequate and sufficient securities/sureties (not in cash or bank guarantee) to the satisfaction of the District Magistrate, Saharsha, to the extent of the value of the food grains and vehicle which may be assessed and that the petitioner undertakes to abide by any other condition that may be imposed for the purpose of future proceedings by the District Magistrate, Saharsha. 5. Learned counsel for the petitioner undertakes on instruction from the petitioner that if the food grains and vehicle are released in his favor, in course of trial he will not raise any question with respect to the seizure of the food grains and vehicle and no identification issue shall be raised in course of trial. Further, the photographs of the jute/plastic bags containing the rice which may be exhibited in course of trial and the samples of the seized food grains if obtained in accordance with law shall not be questioned by the petitioner and he will not claim any benefit out of this order in the pending proceedings and pursuant to the release of the food grains and vehicle in his favor. 6. Let the District Magistrate, Saharsha, pass an Patna High Court CWJC No.17940 of 2024(4) dt.16-05-2025 5/5 appropriate order after valuation of the food grains & vehicle and other conditions to which the petitioner would be required to abide by. Such orders be passed within two weeks from the date of receipt/communication of this order. 7. With the above directions, the present Writ Petition is allowed to the extent indicated. Ayush/- (A. Abhishek Reddy, J) U