Case Facts:
Patna High Court CWJC No.377 of 2012 (2) dt.14-02-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.377 of 2012 ====================================================== 1. Subodh Sao @ Subodh Sav, son of Sri Mishri Lal Sao, resident of 236 Pokharapur, Village and P.O. Pawapuri, Town and Distt. Nalanda, presently residing at Sampat Chak, Town and District Patna .... .... Petitioner/s Versus 1. The State of Bihar, through the District Magistrate-cum-Collector, Begusarai 2. The Block Agriculture Officer, Teghra, Begusarai 3. The Superintendent of Police, Begusarai 4. The Officer-In-Charge, Phulwaria Police Station, Begusarai .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/S Gautam Kejriwal & Akash Chaturvedi For the Respondent/s : Mr. Rishiraj Sinha GP19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 14-02-2012 Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner has approached this Court for release of the truck bearing registration No. BR-01GB-3559 seized in connection with Phulwaria P.S.Case No.160 of 2011 dated 20.12.2011 registered under [STATUTE] and Section 7 of the Essential Commodities Act. The case of the petitioner is that he is the owner of the aforesaid truck which was registered by the District Transport Officer, Patna showing him as a permanent resident of Nalanda district and the petitioner has assigned the said truck to the transport agency which runs and operates it under an agreement with the petitioner. Through the transport agency the petitioner learnt that the said truck has been seized by the Block Agriculture Officer, Teghra, Begusarai on the ground that it had been carrying Patna High Court CWJC No.377 of 2012 (2) dt.14-02-2012 2 fertilizer meant for black marketing. It is submitted by learned counsel for the petitioner that the seizure of the truck and keeping it under the open sky would completely destroy the truck and the petitioner should not be punished for no fault of his as the petitioner has got no role to play in the matter and it would be difficult for the petitioner or for the transport agency to verify as to whether the goods in question are meant for normal purposes or for black marketing. Learned counsel for the State opposes the prayer stating that the seizure has been made for violation of the provisions of the E.C. Act which is a penal offence and thus the truck should not be released. Today a supplementary affidavit has been filed by the petitioner stating that the value of the fertilizer seized is Rs.2,69,280/- as the consignment consisted of 20 metric ton priced at Rs.13,200/- per metric ton as per the invoice dated 16.12.2011 issued by the consignor in favour of the petitioner; a copy of the invoice has been annexed. It is pointed out by learned counsel for the petitioner that even if ultimately confiscation proceedings under the E.C. Act are initiated then Section 6A of the said Act would apply which provides that if maximum punishment be imposed upon the owner of the vehicle then there is an option to the owner of the vehicle to pay a fine in lieu of the confiscation at the market price of the goods carried by such vehicle. On a consideration of the entire facts and circumstances, this Court is of the view that no useful purpose can be served by keeping the truck with the respondent authorities. It is, accordingly, directed that the truck in question bearing registration Patna High Court CWJC No.377 of 2012 (2) dt.14-02-2012 3 No. BR-01GB-3559 shall be released to the petitioner on proper identification and on the petitioner giving a Bank Guarantee for Rs.2,70,000/- to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai. It is made clear that the present matter is concerned only with the release of the truck and not of the goods which were being carried by the truck. The writ application is, accordingly, disposed of with the aforesaid directions. Let this order be communicated by Fax, on the petitioner depositing the cost for the same. spal/- (Ramesh Kumar Datta, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.