IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 2697 of 2010 1. LALAN SAO S/O NANDU SAO R/O VILL.- BIHARI ROAD HILSA, P.S.- HILSA, DISTT.- NALANDA 2. SATISH CHANDRA KAUSHAL S/O SRI KAMLESHWAR PRASAD SINGH VILL.- REARI, P.S.- HILSA, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD & CIVIL SUPPLY DEPTT. OLD SECRETARIAT, PATNA 2. THE BLOCK SUPPLY OFFICER HILSA, NALANDA ----------- 2 23.03.2010 It appears on 15.09.2009, the Block Supply Officer, Ekangarsarai at Hilsa seized a tractor loaded with 80 bags of wheat. The registration number of tractor is BR-21A-4759. It is alleged that the wheat was Government wheat. It is alleged that at the time of seizure, petitioner No 1 was unable to produce any paper in support of the wheat. Learned counsel for the petitioners submits that so far as wheat is concerned, it is a deregulated, delicensed commodity. In law, no paper is required to be carried for its transportation. The seizure has been made only on suspicion and surmises without any cogent material. The seizure or for that matter any further action is uncalled for. Learned counsel for the State states that a confiscation proceeding being Confiscation Case No 14 of 2009 has been initiated by the Collector in terms of Section 6A of Essential Commodities Act for confiscating the wheat in question. In those proceedings, wheat has already been ordered to be sold. The sale proceeds have already been deposited in Government Treasury to be dealt with on conclusion of the confiscation proceedings. In my view, wheat having been sold and money 2 deposited in Treasury, it would only be appropriate for the Collector to conclude the confiscation proceedings within six months from today. If the proceeding is not concluded within six months from the date of receipt/production of a copy of this order then he would order the release of the money so deposited in the Treasury to petitioner No 1. So far as the tractor is concerned, the same is claimed by petitioner No 2. Having considered the facts and circumstances, I direct the learned Additional Chief Judicial Magistrate, Hilsa, before whom Hilsa Police Station Case No 333 of 2009 is pending, to release the tractor and trailer to petitioner No 2 on proper verification and furnishing security to his satisfaction. The release would be subject to further orders in the confiscation proceeding and/or in the criminal case. The writ petition is, accordingly, disposed of. Let a copy of this order be communicated to the Additional Chief Judicial Magistrate, Hilsa by FAX at the cost of the petitioners. M.E.H./ (Navaniti Prasad Singh)