RAM SARAN RAMUKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) DESPITE two adjournments no counter affidavit is filed on behalf of the State and the Junior counsel to Standing Counsel V expresses his inability in filing a counter affidavit stating that the concerned respondents had not sent any instructions to him.

(2.) I am not inclined to keep this matter pending before this court any longer as in the facts and circumstances of this case, there is only one direction that can be issued in this matter.

(3.) THE petitioner is a wholesale dealer and he held licences under the relevant Orders existing at the material time. In the year 1983, certain quantities of foodgrains and other articles were seized from his premises on the allegation of violation of the terms of licences/provisions of the Licencing Orders. The seizure gave rise to a confiscation proceeding in which an order was passed for the confiscation of the seized articles. Following the order of confiscation, the seized articles were sold on the direction of the District Magistrate and the sale proceed amounting to Rs. 60,000 was deposited in the State Treasury.