GOPAL KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Shri Nilesh Kumar Agrawal, learned counsel for the petitioner and learned J.C. to S.C. II, for the Respondent -State.

(2.) THE petitioner has challenged the Confiscation Proceedings as also the order dated 26.11.2007, passed in the Confiscation Case No. 34 of 2006, by the Deputy Commissioner, Hazaribagh, by which the rice of the petitioner measuring 174 quintals which was seized from the petitioner's possession, has been confiscated.

(3.) COUNTER affidavit has been filed on behalf of the Respondents. The stand taken by the Respondents in their counter affidavit is that since the rice bags found in possession of the petitioner, bore the seal of the F.C.I., there was a reasonable suspicion that the rice was illegally procured from the F.C.I. and therefore the bags of rice were seized and a F.I.R. was lodged against the petitioner and the confiscation proceeding was also initiated.