- (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. Learned counsel for the petitioner referring to the seizure of the rice and the initiation of the confiscation proceedings, submits that the entire act of the Respondents, is highly illegal and against the provisions of law. Learned counsel explains further that on the date when the rice was seized, there was no restriction by way of any control order in respect of stock limit, distribution or transportation of rice etc. Yet, on the plea of suspicion that since the rice was found to have been packed in gunny bags bearing the F.C.I. seal and the same belongs to the F.C.I., the papers regarding the procurement for the rice was demanded, and though the petitioner had produced the same but despite such production, the entire quantity of 174 quintals of rice was seized and the confiscation proceedings has been initiated on the allegation of violation of Section 3 of the Essential Commodities Act and a criminal prosecution was also lodged against the petitioner for the offences under Section 7 of the Essential Commodities Act and under Section 409 of the I.P.C. Though the petitioner was released on bail in that case, but his trial is still pending.
(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.;