IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12618 of 2009
BINDA SAH .
Versus
THE STATE OF BIHAR & ANR .
-----------
4. 28.01.2011 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The petitioner is aggrieved by the order dated 10.7.2009 in Misc.
Case No. 5 of 2007-2008 directing confiscation of 55 bags of wheat and
15 bags of rice each weighing 50 Kilograms.
Learned Counsel for the petitioner submits that rice and wheat
are otherwise free sale commodities. There is no material in the FIR
that the food grains seized were of the nature and quality sold through
the Public Distribution System only. The mere fact that charge sheet
may have been submitted without any discussion in the impugned order
of the satisfaction during investigation that the food grains were of a
nature and quality sold through the Public Distribution System, there
was no justification for confiscation.
Learned Counsel for the State from the impugned order is
unable to demonstrate the satisfaction of the Court that there is any
discussion of the nature and quality of the food grains in the charge
sheet based on which confiscation has been ordered.
In order to invoke powers of confiscation under Section 6A of the
Essential Commodities Act there has to be a satisfaction that the food
grains constitute an essential commodity. To constitute an essential
commodity the food grain had necessarily to be of a nature sold through
the Public Distribution System only as otherwise the food grains in
questions were free sale commodities. In absence of any identification
that the food grains were of a nature and quality sold through the Public
Distribution System only and discussion of the satisfaction in the
impugned order, the impugned order suffers from gross non-application
of mind when it treats submission of a charge sheet only as sufficient to
direct confiscation. The charge sheet at best is an expression of an
inconclusive opinion and cannot be given a conclusive attire.
The impugned order dated 10.7.2009 is set aside. If the food
grains have been sold in pursuance of confiscation the petitioner is
entitled to be paid costs thereof in accordance with law within a
maximum period of two months from the date of receipt and/or
presentation of a copy of this order.
The writ application stands allowed.
Snkumar/- (Navin Sinha,J.)