D.K. Sinha, J. - (1.) The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India to pass an appropriate order in Confiscation Case No. 23 of 2005 pending before the Deputy Commissioner, Bokaro, respondent No. 2 herein for release of the sale proceeds of confiscated rice.
(2.) The prosecution story in brief was that Jaridih P.S. Case No. 116 of 2005 was registered under Section 7 of the Essential Commodities Act against the three named accused persons and not against the petitioner from whose possession 119 packets of rice totaling 59.50 quintals were recovered from the truck No. B.R. 36-5525 and in that respect confiscation proceeding was initiated as Confiscation Case No. 23 of 2005 before the Deputy Commissioner, Bokaro. On receipt of the notice a joint petition was filed on behalf of Rameshwar Singh. Licensee and the petitioner/claimant of the rice which was seized under Section 6(A)(3)(c) of the E.C. Act, 1955.
(3.) The main grievance of the petitioner was that the Confiscation Case No. 23 of 2005 was pending before the respondent No. 2 for the last three years and besides so many adjournments this case could not be disposed of and in that manner he suffered irreparable loss.;