IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2576 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- FALKA District- Katihar ====================================================== Ayay Singh son of Surendra Narayan singh Resident of SNT colony, District- kohima Nagaland permanent Resident of 374, G. T. road, Hawrah corporation B Garden ,Howrah, West Bengal ... ... Petitioner/s Versus 1. The State of Bihar through the District Magistrate, Katihar bihar 2. The Collector-cum-District Magistrate, Katihar bihar 3. The Sub-Divisional officer, Katihar Bihar 4. The Officer Incharge, Falka Ps, (Potiya Op), Dist- katihar bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dharmesh Kumar For the Respondent/s : Mr.G.P.22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 01-07-2025 Heard the parties. 2. By way of this writ application, the petitioner has prayed for the following reliefs:- i. To quash and set aside the order dated 27.9.2024 passed by the court of Collector-cum- District Magistrate, Katihar in 6A (EC) Case No.61/2024-25 (State Vs. Balram Kumar and others) and entire proceedings based thereupon (Annexure-6) by which apart from other seized article petitioner 12 wheeler truck of Article Leyland White Colour bearing Registration No.NL01AE8240, Engine No.4WHZ433287, Chasis No.NBIKACHD-2HRWU7224 has been directed to put an auction sale ignoring and Patna High Court CR. WJC No.2576 of 2024(2) dt.01-07-2025 2/3 overlooking the fact that the above mentioned Truck (Tanker) was seized while carrying EPC Light Oil 100 (For Industrial use only) and not the Kerosene, Diesel or Sprit neither the EPL Light Oil 100 was examined (Tested) by IOCL Laborities neither the stringent provisions of EC Act applies, hence the order of confiscation and auction sale is not legal and ultravires to the established principles. ii. To command and direct the Respondents to release the 12 wheeler truck abovementioned on proper surety which has been seized in pursuance to the Falka (Pothiya) P.S.Case No.6 of 2024 dated 5.1.2024 alongwith other articles is in contravention to the established principles as the seizure order fails to disclose as to what statutory order issued Under Section 3 of the E.C.Act has been violated and in what manner so far the truck above mentioned is concerned hence the impugned order is without jurisdiction. 3. This application has been filed in this Court without approaching the District Court. 4. In view of the above, this application is disposed of with a liberty to the petitioner to approach the District Court by way of filing an application for his grievances within fifteen days from today and if such an application is filed by the petitioner then the same shall be considered by the Court below Patna High Court CR. WJC No.2576 of 2024(2) dt.01-07-2025 3/3 on merits within one months of its filing. 5. With the aforesaid direction, this application is disposed of. Vikas/- (Sandeep Kumar, J) U