IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19713 of 2024 ====================================================== Sunil Yadav Son of Shardu Yadav, resident of Village - Makandpur, P.O. - Makrandpur, Police Station - Sahkund, District- Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2. The Collector cum District Magistrate, Bhagalpur. 3. The Senior Superintendent of Police, Bhagalpur. 4. The Sub Divisional Officer, Sadar, Bhagalpur. 5. The Supply Inspector, Sultanganj, Bhagalpur. 6. The Officer-in-Charge, Sultanganj Police Station, Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amar Anand For the Respondent/s : Mr. Addl. Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 2 07-02-2025 Heard the learned counsel for the parties. 2. The present writ petition has been filed for the following relief(s) : “I) For issuance of a Writ of mandamus or any other Writ directing the concerned respondents to release the Vehicle Vide Registration No. BR-10GB 7728, the Usna Chawal (Boiled Rice) 20.50 quintal (20 quintal 50 Kilogram) in 41 plastic bags tied with hands which is illegally seized by the S.H.O Sultanganj Police Station and kept in P.S premises in Sultanganj P.S Case No. 668/23 dated 29/11/23 under Section 7 of Essential Commodities Act and the District Magistrate Bhagalpur has issued notice for Confiscation of the alleged Rice and Tata Magic vehicle to the petitioner. Patna High Court CWJC No.19713 of 2024(2) dt.07-02-2025 2/5 II) For issuance of an appropriate Writ/Writs or order or orders or direction or directions in the nature of mandamus commanding or directing the respondents authority to release, as soon as possible, the food grains along with vehicle unlawfully seized by the respondents authority by crossing their jurisdiction on the ground that the food grains is perishable items and the petitioner is lawfully engaged its business and thus the food grains needs to be restored to the petitioner with vehicle. III) For that the petitioner has not being to do with the alleged P.D.S Dealer named in the F.I.R as because the petitioner is a business man and carrying the food gains for sale and purchase as rice is free for sale in open market. IV) For any other relief or reliefs for which the petitioner is entitled for.” 3. 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 & CWJC No. 7145 of 2023 dated 22.06.2023 has directed the concerned District Magistrate to release the food grains that was seized from the petitioner. 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 as per the direction of the District Magistrate, Bhagalpur. Further, it is submitted that the confiscation proceedings are in the nature of civil proceedings and it is Patna High Court CWJC No.19713 of 2024(2) dt.07-02-2025 3/5 ultimately the sale proceedings of the confiscated property that will go into the account of the State and that the petitioner is ready and willing to provide adequate securities/sureties. And as such, the District Magistrate, Bhagalpur, may be directed to release the food grains in his favour subject to any other condition that may be imposed upon. 4. 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, Bhagalpur, he has no objection if this Court directs the District Magistrate, Bhagalpur, to release the food grains in favour of the petitioner subject to providing adequate securities/sureties to the extent value of the food grains and also subject to the petitioner abiding by other terms and conditions that may be imposed by the District Magistrate, Bhagalpur. 5. 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, Bhagalpur, to release the food grains of the petitioner seized in connection with Sultanganj P.S. Case No. 668/23 dated 29.11.2023, which are subject matter of the present writ petition, Patna High Court CWJC No.19713 of 2024(2) dt.07-02-2025 4/5 subject to the condition that the petitioner shall make available adequate and sufficient securities/sureties (not encash or bank guarantee) to the satisfaction of the District Magistrate, Bhagalpur, to the extent of the value of the food grains 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, Bhagalpur. 6. Learned counsel for the petitioner undertakes on instruction from the petitioner that if the food grains are released in his favour, in course of trial he will not raise any question with respect to the seizure of the food grains and no identification issue shall be raised in course of trial. Further, the photographs of the jute 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 in his favour. 8. Let the District Magistrate, Bhagalpur, pass an appropriate order after valuation of the food grains and other conditions to which the petitioner would be required to abide by. Such orders be passed within two weeks from the date of Patna High Court CWJC No.19713 of 2024(2) dt.07-02-2025 5/5 receipt/communication of this order. 9. With the above reasons, the present writ petition stand disposed of. Ayush/- (A. Abhishek Reddy, J) U