Justice G. Anupama Chakravarthy directs disposal of confiscation case within four months

Patna High Court delivered six judgements on October 13, 2025 in Najis Alam vs. The State of Bihar & Ors., Nikhil Kumar vs. The State of Bihar, Dr. Shishir Kumar Gangwar vs. Dr. Rajendra Prasad Central Agriculture University, Pusa, Kapildeo Prasad vs. The State of Bihar & Ors., Amrendra Kumar vs. The State of Bihar & Ors. and Sunil Kumar Sinha vs. The State of Bihar & Ors.

In Najis Alam vs. The State of Bihar & Ors (2025), Justice G. Anupama Chakravarthy of Patna High Court passed a 5-page long judgement dated October 13, 2025. In the penultimate paragraph, she concluded:''Considering the fact that in similar matters this court has been directing provisional release of the vehicle and release of food-grains, this court finds that six months has already gone and as the food-grains are not controlled items and it would only be just and proper to direct the District Magistrate-cum- Collector, Purnia (Respondent No. 2) to release the food- grains and the Tractor as well as Trailer of the petitioner on his furnishing document of registration of the vehicles in his favour and surety bond to the extent of the cost of the food-grains and the value of the vehicles as indicated in the insurance document. The surety bond shall not be in form of cash or bank guarantee. The question as to whether in the given facts the confiscation proceeding should be continued against the petitioner shall be considered after filing of a counter affidavit. The aforesaid release shall be ordered within a period of one week from the date of submission of the surety bond as indicated above.''

She observed: ''3. On perusal of the interim order, it is evident that the vehicle as well as food grains of the
petitioner were released by the respondents. It is contended by the Learned counsel for the petitioner that the confiscation proceedings are pending before the respondents. Therefore, the respondents are directed to dispose of the confiscation case within a period of four months from the date of the receipt of this order.'' Besides the State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, the other four respondents were the Collector District Magistrate, Purnea, District Supply Officer, Purnea, S.D.O Baisi, Purnea and Block Supply Officer Baisa, Purnea.

The petitioner had prayed for quashing the notice/order dated December 7, 2018 issued by the Collector-cum-District Magistrate, Purnea in Essential Commodities (E.C.) Act case as well as whole confiscation proceeding bearing E.C. Act Case No. 308/2018 in as much as the grains in question is not subsidized PDS food grains but it is the own procure food grains of the petitioner. He had also prayed for a direction to the respondents concerned to release the tractor bearing and trailer bearing registration on BR37GA-0255 as well as the food grains which has been seized for the alleged violation of Essential Commodities Act in connection with Rauta P.S. Case No. 103/2018 for offence under Section 420 of I.P.C. and Section 7 of E.C. Act.