NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the entire confiscation proceeding in Confiscation Case No. 23 of 2007, pending before the Deputy Commissioner, Hazaribagh, whereby the proceeding has been initiated to confiscate 275 bags of wheat, containing 50 Kg. each, and 8 bags of rice, containing 50 Kg. each.
(2.) PETITIONER 's case is that he has been doing retail business in food grains for the last several years. He purchased 280 bags of wheat and 20 bags of rice, both containing 50 Kg. each, on 12th March, 2007 from the wholesaler, supported by valid receipt (Annexure -1). The said articles were transported by the truck, bearing Registration No. BR -2A -9589, having valid road permit, were unloaded in the petitioner's godown. Suddenly, on 16th March, 2007, the Block Supply Officer, Barhi, raided the petitioner's godown and seized the bags of wheat and rice in spite of showing receipt of purchase and transportation. The seizure was made under the provisions of Essential Commodities Act. On the basis of the said seizure, the said confiscation case was initiated against the petitioner. The petitioner then filed application for grant of bail and release of the said articles and he was released on bail, but his articles were not released. Submissions have been made that the wheat and rice do not come within the ambit of essential commodities and purchase, sale or storage of the said articles under valid documents is not an offence and in violation of any provisions of the Essential Commodities Act. Thus, the respondents have no jurisdiction to initiate confiscation proceeding on the allegation of violating the provisions of Essential Commodities Act and as such, the same is wholly illegal and without jurisdiction.
(3.) A counter affidavit has been filed on behalf of the respondents. The stand of the petitioner that rice and wheat do not come within the ambit of essential commodities has not been disputed or denied by the respondents in their counter affidavit. They have specifically admitted that the said articles are not essential commodities within the provisions of the Essential Commodities Act. The only stand taken by the respondents is that the bags were having the seal of Food Corporation of India (FCI), which goes to show that the said articles belong to the FCI and the petitioner cannot sell or store the same. Since the said articles were found in the bags of FCI, the same were seized and confiscation proceeding has been initiated.;