Patna High Court
Sarfaraz AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the vehicle should be released subject to the petitioner furnishing adequate security and complying with conditions, thereby allowing the writ petition to the extent indicated.
Summary
Sarfaraz Alam filed a writ petition challenging the confiscation of his truck by the Collector‑cum‑District Magistrate under the Essential Commodities Act and the dismissal of his statutory appeal under Section 6C. He sought a certiorari to quash the confiscation order and the appellate order, offering to furnish adequate security for the vehicle's release. The State had no objection provided the petitioner supplied security equal to the value of the seized food grains. Relying on earlier decisions (CWJC No. 697/2022 and CWJC No. 7145/2023), the Court directed the District Magistrate to release the truck subject to the petitioner furnishing non‑cash sureties and complying with any further conditions. The petitioner also undertook not to contest the seizure or evidence in the pending trial. The writ petition was allowed to the extent indicated, and the District Magistrate was ordered to pass the release order within two weeks.
Issues considered
- Whether the confiscation order under the Essential Commodities Act can be quashed by a writ of certiorari.
- Whether the statutory appeal filed under Section 6C of the Essential Commodities Act is maintainable.
- Whether the vehicle seized in a confiscation case may be released upon furnishing security pending trial.
- Whether the conditions imposed for release are within the jurisdiction of the District Magistrate.
Legislation cited
- Essential Commodities Act, 1955 — s. 6C
Subjects
- writ of certiorari
- confiscation
- Essential Commodities Act
- Section 6C
- surety
- vehicle release
- civil forfeiture
- statutory appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16397 of 2025
======================================================
Sarfaraz Alam S/o Mahboob Alam, Resident of Dahuwabari, P.O.- Bishanpur,
P.S.- Kochadhaman, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Old Secretariat, Patna.
2. The District Magistrate-cum-Collector, Kishanganj.
3. The Supply Inspector, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.
Mr. D.N. Tiwari, Adv.
Mr. Kumar Rajdeep, Adv.
For the Respondent/s : Mr. Standing Counsel (20)
For the State : Mr. Mahtab Alam, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 20-01-2026 Heard learned counsels for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“That this writ petition is being filed
on behalf of the petitioner for issuance of writ
the nature of certiorari for quashing the order
dated 02.03.2021 passed in Confiscation Case
No. 32/2020 by which the Learned Collector-
cum-District Magistrate Kishanganj was
pleased to confiscate the truck of the petitioner
bearing registration No. BR37GA-3357 and
further for quashing the appellate order dated
19.07.2025 passed in Confiscation Appeal No.
01/2024 passed by the Learned Sessions Judge,
Kishanganj by which he was pleased to dismiss
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the statutory appeal filed U/s 6C of the E.C. Act
on the grounds which are not sustainable in the
eye of law and further be pleased to release the
truck of the petitioner on furnishing sufficient
sureties to the satisfaction of the concerned
court.”
3. Learned counsel appearing on behalf of the
petitioner has stated that under similar circumstances, this Court
in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No.
7145 of 2023 dated 22.06.2023 has directed the concerned
District Magistrate to release the vehicle that was seized from
the petitioner therein. Learned counsel for the petitioner has
stated that the petitioner is similarly situated and that the
petitioner is ready to furnish adequate security/surety for the
purpose of release of vehicle as per the direction of the District
Magistrate, Kishanganj. Further, it is submitted that the
confiscation proceedings are in the nature of civil proceedings
and it is ultimately the sale proceeds of the confiscated property
that will go into the account of the State and the petitioner is
ready and willing to provide adequate securities/sureties.
Therefore, the District Magistrate, Kishanganj may be directed
to release the vehicle in favour of the petitioner, subject to any
other condition that may be imposed.
4. Learned counsel appearing on behalf of the
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respondents has stated that as the petitioner is ready to provide
adequate securities/sureties and to abide by the reasonable terms
and conditions that may be imposed by the District Magistrate,
Kishanganj, he has no objection if this Hon’ble Court directs the
the District Magistrate, Kishanganj, to release the vehicle in
favour of the petitioner subject to the petitioner providing
adequate securities/sureties to the extent of the value of the
food-grains and also subject to the petitioner abiding by other
terms and conditions that may be imposed by the District
Magistrate, Kishanganj.
5. Having regard to the above facts and circumstances
of the case and also the judgments of this Hon’ble Court
referred above, this Court directs the District Magistrate,
Kishanganj to release the vehicle seized from the petitioner in
connection with Kishanganj P. S. Case No. 155 of 2020, which
are subject matter of the present writ petition, subject to the
condition that the petitioner shall make available adequate and
sufficient securities/sureties (not in cash or bank guarantees) to
the satisfaction of the District Magistrate, Kishanganj, to the
extent of the value of the vehicle which may be assessed and
that the petitioner undertakes to abide by any other condition
that may be imposed for the purpose of future proceedings by
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the District Magistrate, Kishanganj.
6. Learned counsel for the petitioner undertakes on
instruction from the petitioner that if the vehicle is released in
his favour, in course of trial he will not raise any question with
respect to the seizure of the vehicle and no identification issue
shall be raised in course of trial. Further, the photographs of the
jute/plastic bags containing the rice which may be exhibited in
course of trial and the samples seized from the vehicle if
obtained in accordance with law shall not be questioned by the
petitioner and he will not claim any benefit out of this order in
the pending proceedings and pursuant to the release of the
vehicle in his favour.
7. Let the District Magistrate, Kishanganj, pass an
appropriate order after valuation of the vehicle and other
conditions to which the petitioner would be required to abide by.
Such orders be passed within two weeks from the date of
receipt/communication of this order.
8. With the above directions, the present Writ Petition
is allowed to the extent indicated.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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