D.K.SINHA,J. - (1.) The petitioners have invoked the extraordinary writ jurisdiction under Article 226 of the Constitution of India with two fold reliefs viz. (i) for release of their tractors bearing Registration No. BR -42 -3389 and Registration No. JH08A -1657, and (ii) for quashment of the confiscation proceeding of the aforesaid tractors seized in Lohardaga P.S. Case No. 192 of 2007 for the alleged offence under Section 7 of the Essential Commodities Act.
(2.) PETITIONER No. 1 Anil Kumar Sahu @ Anil Sahu is the owner of Mahendra Tractor No. BR -42 -3389, whereas the petitioner No.2 Sohan Sahu is the registered owner of Mahendra Tractor No. JH -08A1657 and both the vehicles are commercial in nature, plying under the control of its drivers. One Jagatpal Bhagat, a dealer and licensee under the public distribution system, asked the drivers of both the tractors on 19.12.2007 for transportation of food -grains from S.F.C. Godown, Lohardaga to his shop running under public distribution system, situated at Madanpur Panchayat within Kisko Block. On 19.12.2007 itself 36.58 quintals wheat and 57.21 quintals rice were issued vide Stock Issue Order dated 19.12.2007 in favour of the dealer Jagatpal Bhagat (Annexure -1) and the same were loaded on both the tractors but during transit transportation on 19.12.2007, both the tractors carrying foodgrains were seized by the respondents and an F.I.R. was lodged against the petitioners, being the owners of the tractors, though neither they were concerned with the foodgrains nor disclosing the violation of any provision of Control Order or Unification Order the learned counsel for the petitioners submitted so as to attract an offence under Section 7 of the Essential Commodities Act against them. The tractors were seized merely on suspicion that the foodgrains were carried on the tractors of the petitioners to be sold in the black -market. Admittedly foodgrains were loaded on the tractors at about 1 :00 p.m. to 2:00 p.m. but the seizure list speaks the time of seizure at about 3:00 p.m.
(3.) PETITIONERS were admitted to anticipatory bail by a Bench of this Court in A.B.A. No. 224 of 2008 on 8.2.2008. After their release on anticipatory bail, they preferred a petition before the C.J.M., Lohardaga for release of their tractors but in the meantime, request was made by the Superintendent of Police, Lohardaga to the Deputy Commissioner, Lohardaga vide his letter No. 17 dated 26.2.2008 to initiate confiscation proceeding of the seized tractors of the petitioners. As the request was made by the Superintendent of Police, Lohardaga to the Deputy Commissioner, Lohardaga for initiation of confiscation proceeding and a copy of which was produced, the learned C.J.M., Lohardaga declined to release the vehicles. Petitioners were not at all concerned, according to the learned counsel, if at all any allegation was made against the principal accused for contravention of Section 7 of the Essential Commodities Act, who is a dealer and licensee under public distribution system and was carrying the foodgrains by taking the tractors of the petitioners on hire from the drivers of the vehicles.;