PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):-
"That this present writ application is being filed for grant of interest over and above the paid price of the food grains, which was seized on 27.01.2014, in connection with FIR bearing Tajpur/Police Station Case No. 31/2014, instituted under Section 7 of the Essential Commodities Act, Confiscation Case No. 10/2014 for the reason that the present petitioner is entitled for the interest as per the Provision contained in section 6- C (2) of the Essential Commodities Act 1955, particularly when the petitioner has been Honourably acquitted in the said criminal proceedings by a Learned court of competent jurisdiction."
3. Learned counsel appearing on behalf of the petitioner has stated that rice and several gunny bags which were seized from the petitioner by the respondent authorities on the allegation that the petitioner is indulging in black marketing of the grains and selling them illegally and at high prices. Thereafter the authorities have initiated confiscation proceedings vide Confiscation Case No. 10 of 2014 and the Collector-cum-District Magistrate, Samastipur has directed the auction of the grains and deposited the sale proceeds in the treasury in the month of August and September 2014. Learned counsel has stated that the learned Sub Divisional Judicial Magistrate, Samastipur has acquitted the petitioner in Tajpur PS. Case No. 31 of 2014, and the petitioner has moved this Hon'ble Court by way of C.W.J.C. No. 13610 of 2024 seeking a direction to the Collector-cum-District Magistrate, Samastipur to decide the pending Confiscation Case No. 10 of 2014 as expeditiously as possible. That the Collector-cum-District Magistrate, Samastipur has directed for the release of the sale proceeds on 07.09.2024 and the said amounts were released on 01.11.2024. However, the interest for the period from August 2014 till October, 2024 i.e. the date of auction proceeds being deposited in the treasury and the date of actual payment to the petitioner has not been paid. Learned counsel has relied on the judgment of this Hon'ble Court reported in 2011 (4) PLJR 519 (Shyam Jha @ Shyam Kant Jha Vs. State of Bihar & Ors.) in support of his case and prayed for allowing the C.W.J.C.
4. Per contra, the learned counsel appearing on behalf of the Respondent/ State has vehemently opposed the very maintainability of the present writ petition. Learned counsel has stated that the writ petition filed by the petitioner has become infructuous as the amounts rescinded from the sale of the rice have already been paid to the petitioner. Learned counsel has, therefore, prayed this Hon'ble Court to dismiss the present writ petition.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTkwMzQjMjAyNCMxI04=-6gf0degyod8=
Disclaimer: Curated by HT Syndication.
