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2005 DIGILAW 1018 (PAT)

Ram Babu Sah and Ghanshyam Sah v. State of Bihar

2005-11-28

body2005
ORDER Heard counsel for the petitioners and the counsel appearing for the state. 2. Petitioners are aggrieved by the seizure of 228 bags of wheat (130 quintals 13 Kgs.) and 106 bags of rice (53 quintals) made on 2.10.05 by the Officer-in-Charge of Motipur Police Station in connection with Motipur P.S. Case No. 179/2005 for the offences under section 7 of the E.C. Act and Sections 406, 409, 420, 467, 468, 471 and 120B of the I.P.C. 3. It has been submitted on behalf of the petitioners that there is no storage limit and/or movement control on the foodgrains under any of the provisions of section 7 of the E.C. Act. It has further been submitted that the order for release of the said foodgrains has already been passed in similar case by this Court one of them being Cr. Misc. No. 448 of 2005 on 30.8.2005. 4. Considering the facts and circumstances of the case the Collector, Muzaffarpur, is directed to release the wheat and rice weighing 130 quintals 13 Kgs. (228 bags) and 53 quintals (106 bags) respectively seized in connection with Motipur P.S. Case No. 179/05 in favour of the petitioner. Further it is made clear that the order for release of the foodgrains shall be passed on furnishing sureties to the satisfaction of the District Magistrate, Muzaffarpur in Motipur P.S. Case No. 179/2005 or in the confiscation proceeding if already initiated. The aforesaid foodgrains must be released in favour of the petitioners within a week from the date of receipt/ production of a copy of this order. 5. So for the seizure list is concerned, it is publishing without jurisdiction, as there is no restriction on purchase and storager of the food grains under the E.C. Act.