- (1.) Heard learned Counsel for the parties. The petitioner has sought quashing of the entire confiscation proceeding arising out of Confiscation Case No. 15-R-28/2006-07, pending before the Deputy Commissioner, Ranchi (respondent No.2), whereby the respondent No.2 Deputy Commissioner, Ranchi. has initiated the proceeding to confiscate 145 bags of wheat (containing 50 kg. each bags) weighing 72.05 Quintals. The petitioner has also sought for quashing of the order dated 22nd January. 2007 by which the District Supply Officer. Ranchi directed the authority to distribute the said seized 145 bags of wheat through Public Distribution System at Below Poverty Level rates.
(2.) It is the contention of the petitioner that he purchased 168 bags of wheat (containing 50 Kg. each bags) weighing 84 Quintals from different farmers/retail businessmen of the locality after payment of required tax etc. to the Agriculture Produce Market Committee, Ranchi. which issued a valid certificate/receipt in favour of the petitioner. However, the petitioner was taken by surprise when the police seized the aforesaid articles on 31st October, 2006 without any basis or any irregularity or the petitioner having violated any of the orders under the Essential Commodities Act, 1955. For the said occurrence a police case was also registered against the petitioner and other persons of the locality being Argora P.S. Case No. 300 of 2006 for the offence under Section 7 of the Essential Commodities Act. The instant confiscation proceeding under challenge has been initiated in respect of the same seized articles from the petitioner by the Deputy Commissioner, Ranchi. In the aforesaid confiscation case notices were issued upon the petitioner and the petitioner has thereafter come before this Court for the proper relief.
(3.) It is also contention of the petitioner by reiving upon the judgment in the case of Birendra Prasad passed in W.P. (C) No. 3800 of 2006, Asiya Shah v. State of Jharkhand}, that the confiscation proceedings are not maintainable in respect of the commodities which have been released from the purview of the Essential Commodities Act. Learned Counsel for the petitioner also relies upon the consequential notification dated 24th April, 2002 issued by the Food Supply and Commerce, Government of Jharkhand, pursuant to the Government of India notification dated 15th February, 2002 releasing articles wheat, rice, cereals, sugar, edible oil etc. from the purview of the Essential Commodities Act in respect of their storage, sale, transportation, distribution etc. Learned Counsel for the petitioner also submits that sub-sequently the said criminal case instituted against the petitioner was challenged in a criminal miscellaneous petition before this Court being Cr. M.P. No. 61 of 2007, in which this Court after hearing the parties, vide order dated !0th December, 2007, quashed the entire criminal proceeding pending against the petitioner in connection with Argora.P.S. Case No. 300 of 2006 corresponding to G.R. No. 3825 of 2006 (Annexure-A to the supplementary affidavit).;