IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8323 of 2010 Bibhishan Rai S/O Late Siya Rai R/O Vill.- Berua, P.S.- Gaighat, Distt.- Muzaffarpur Versus 1. The State of Bihar 2. The Collector, Muzaffarpur 3. The Subdivisional Officer (East) Muzaffarpur 4. The Block Development Officer Gaighat, P.S. And Anchal- Gaighat, Muzaffarpur 5. The Anchal Adhikari, Gaighat P.S.- Gaighat, Muzaffarpur 6. The Block Supply Officer, Gaighat, Distt.- Muzaffarpur ----------------------------- 02. 18.11.2011 Heard Dr. Alok Kumar Alok, learned counsel appearing on behalf of the petitioner and Mr. Ranjeet Kumar Pandey, Assisting counsel to G.P. 21. The petitioner has prayed for a direction to the respondent no. 2, the Collector, Muzaffarpur to drop the proceedings arising from Confiscation Case No. 5 of 2003-04 initiated pursuant to a report submitted by the Block Supply Officer in the light of the seizure in Gaighat P.S. Case No. 143 of 2003 and pending before him. The said criminal case had been instituted at the instance of the Block Supply Officer by reason of seizure of 44.31 quintal of wheat and 1.82 quintal of rice valued at Rs. 22,646/- on allegation that the foodgrains belongs to the State Food Corporation was being transported for sale in black market, giving rise to Gaighat P.S. Case No. 143 of 2003. In the said case cognizance was taken by the learned Sub-Divisional Judicial Magistrate, East, Muzaffarpur on 19.6.2007. The order taking cognizance was 2 challenged by the petitioner before this Court giving rise to Criminal Misc. No. 36065 of 2007 and a Bench of this Court by order dated 24.11.2008 (Annexure-5), was pleased to allow the application and quash the order taking cognizance. Following the order passed by this Court in Criminal Misc. No. 36065 of 2007, the learned Sub- Divisional Judicial Magistrate, East, Muzaffarpur by order passed on 21.03.2009 has been pleased to drop the criminal proceedings arising from Gaighat P.S. Case No. 143 of 2003. Learned counsel for the petitioner has a very short submission to be made. He submits that the confiscation proceedings in question finds its origin to the institution of the F.I.R. giving rise to Gaighat P.S. Case No. 143 of 2003 and in view of the development where the criminal proceeding itself has been dropped by the learned court below, the confiscation proceedings arising from the said criminal case cannot be allowed to proceed, more particularly in view of the provisions of Section 6C(2) of the Essential Commodities Act. Learned counsel for the State while submitting that the confiscation proceedings was at its verge end, was unable to dispute the legal position. The submission of the petitioner finds support from a judicial pronouncement of this Court since rendered in the case of Uday Lall Prasad Sah Vs. The State of Bihar since reported in 1990 B.R.L.J. 161. Considering the submission of learned counsel as well as a judicial pronouncement of this Court as also taking into consideration the circumstance where the very basis of the 3 confiscation proceedings in Gaighat P.S. Case No. 143 of 2003 having been dropped by the learned court below, the confiscation proceedings arising therefrom cannot be allowed to continue and the same is quashed and set aside. Needless to add that the Collector cum District Magistrate, Muzaffarpur would calculate and make payment of the price for 44.31 quintals of wheat and 1.82 quintal of rice so seized from the petitioner, within a period of three months from the date of receipt/production of a copy of this order. The writ petition is allowed. S.Sb/- (Jyoti Saran, J.)