Shivraj Prasad Sah @ Shivraj Sah v. The State of Bihar
Case at a glance
Outcome
Allowed
Accordingly, the instant writ petition is allowed
Provisions considered
Key paragraphs
- Para 55. Accordingly, the instant writ petition is allowed. The respondents are directed to release 345 bags of arwa chawal in favour of the petitioner on his executing a jammnma of Rs. 5 lacs in favour of the District Magistrate, Khagaria. (Bibek Chaudhuri, J) Prakash/- U
Judgment
Judgment
#3. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the State
Mr. Ajit Kumar Sinha, Advocate Mr. Madhaw Pd. Yadav, GP 23 Mr. Rajesh Kumar Sinha, AC to GP 23 : : ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 3 06-02-2025 This is an application under Article 226 of the Constitution of India praying for a direction to the respondents for releasing of 345 bags of arwa rice which was purchased by the petitioner on valuable consideration for transportation to the State of Haryana.
#2. By filing a supplementary affidavit the petitioner has filed all documents relating to purchase of seized rice, payment of consideration price, E-transit bills for transportation of the rice to Haryana, GST number of the purchaser as well as the petitioner himself.
#2. On the allegation that the petitioner was involved in black-marketing of rice Khagaria P.S. Case No. 426/2020 dated Patna High Court CR. WJC No.947 of 2024(3) dt.06-02-2025 17th June, 2020 under Section 7 of the Essential Commodities Act was registered against the petitioner.
#3. It is needless to say that by virtue of Central Government Notification dated 15th February, 2022, any dealer is authorized to freely buy, stock, sale, transport, distribute, dispose acquire use or consume any quantity of wheat, paddy/rice, coarse grains, sugar, edible oil seeds etc., and shall not require a permit or license under any order issued under the Essential Commodities Act, 1955. In a similar case titled as Ram Sagar Choudhary Vs. The State Of Bihar through The Principal Secretary, Food and Civil Supply Dept. Govt. Of Bihar and Anr., reported in 2024 (3) PLJR 744, this Court placing reliance on some unreported decisions passed in (i) Cr. Misc. No. 11049 of 2021 (Naresh Sah Vs. State of Bihar & Anr.) decided on 19th February, 2022 (ii) CWJC No. 2245 of 2017 (Sandip Kumar Jaiswal @ Sandip Jaiswal Vs. The State of Bihar and others) decided on 26.07.2018 (iii) 2006 SCC Online Pat. 4 (Sriram Rai and Anr. Vs. the State of Bihar and others) decided on 02.01.2006 granted relief under Article 226 of the Constitution of India and directed the respondents to return the seized food grains in favour of the petitioner.
#4. In view of such circumstances, this Court finds that Patna High Court CR. WJC No.947 of 2024(3) dt.06-02-2025 the FIR was maliciously instituted on the ground of mala fide by the respondents and even if the FIR is taken at its face value, it does not establish a case under Section 7 of the Essential Commodities Act.
#5. Accordingly, the instant writ petition is allowed. The respondents are directed to release 345 bags of arwa chawal in favour of the petitioner on his executing a jammnma of Rs. 5 lacs in favour of the District Magistrate, Khagaria. (Bibek Chaudhuri, J) Prakash/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the instant writ petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Essential Commodities Act — s. 7; Essential Commodities Act, 1955.
Which court decided this case, and when?
Patna High Court, on 19 Feb 2022. The bench was BIBEK CHAUDHURI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.