Patna High Court
Anarjit RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
A vehicle seized under Section 7 of the Essential Commodities Act may be released to its owner upon furnishing adequate security/surety and complying with conditions imposed by the Collector‑cum‑District Magistrate.
Summary
Anarjit Ray, the owner of a public carrier truck, filed a writ petition seeking the release of his vehicle seized by the Block Marketing Officer under Section 7 of the Essential Commodities Act in connection with a case of alleged illegal storage of commodities. The petitioner offered to furnish adequate security or surety for the vehicle’s value and argued that confiscation proceedings are civil in nature, citing earlier Patna High Court decisions that ordered release of similar seized vehicles. The respondents, representing the State of Bihar, raised no objection provided the petitioner complied with security requirements and any conditions imposed by the Collector‑cum‑District Magistrate. The Court, relying on the cited precedents, directed the Collector‑cum‑District Magistrate of Madhubani to release the vehicle subject to the petitioner furnishing non‑cash security/surety equal to the vehicle’s assessed value and adhering to any further conditions. The petitioner also undertook not to contest the seizure in subsequent proceedings. The writ petition was allowed to the extent indicated, with the release order to be executed within two weeks.
Issues considered
- Whether a vehicle seized under Section 7 of the Essential Commodities Act can be released to the owner pending confiscation proceedings upon furnishing security.
- Whether the confiscation proceedings constitute civil proceedings allowing the court to direct release subject to conditions.
Legislation cited
- Essential Commodities Act — s. 7
Subjects
- Essential Commodities Act
- vehicle seizure
- public carrier
- security/surety
- civil confiscation proceedings
- writ petition
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8862 of 2026
======================================================
Anarjit Ray Son of Yaduni Raay, Resident of Village- Bhagwatpur, Post-
Tharma, P.S- Gaighat, District- Muzaffarpur (Owner of Vehicle BR06GA-
7686).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Collector-cum-District Magistrate, Madhubani.
3. The Sub Divisional Officer, Jaynagar.
4. The Block Supply Officer, Basopatti, Madhubani.
5. The Block Marketing Officer, Basopatti, Madhubani.
6. The SHO, Basopatti, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate.
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 30-06-2026 Heard the learned counsel for the parties.
2. The present writ petition has been filed for the
following reliefs:-
“For commanding the
respondent authorities to release the Public
Carrier Truck Bearing Registration No. BR
06 GA-7686 in favour of the petitioner who
is the owner of the vehicle in question and
said Vehicle was seized by Block Marketing
Officer, Basopatti on 15.08.2025 from the
premises of godown of one Ram Udgar
Yadav in connection with Basopatti P.S. Case
No. 191 of 2025 registered under Section 7
of the Essential Commodities Act. In this
way vehicle in question has been parked in
the premises of Town Police Station Causing
decay of vehicle on day to day as the same
has been parked in open space without any
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use and in absence of any state hanger”
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 vehicles 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 vehicles as per the direction of the
Collector-cum-District Magistrate, Madhubani. 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 Collector-cum-District
Magistrate, Madhubani may be directed to release the vehicles
in favor of the petitioner, subject to any other condition that may
be imposed.
4. Learned counsel appearing on behalf of the
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 Collector-cum-
Patna High Court CWJC No.8862 of 2026(2) dt.30-06-2026
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District Magistrate, Madhubani, he has no objection if this
Hon’ble Court directs the Collector-cum-District Magistrate,
Madhubani to release the vehicles in favor of the petitioner
subject to the petitioner providing adequate securities/sureties to
the extent of the value of the vehicles and also subject to the
petitioner abiding by other terms and conditions that may be
imposed by the Collector-cum-District Magistrate, Madhubani.
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 Collector-cum-District
Magistrate, Madhubani to release the vehicle seized from the
petitioner in connection with Basopatti P.S. Case No. 191 of
2025 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
guarantee) to the satisfaction of the Collector-cum-District
Magistrate, Madhubani to the extent of the value of the vehicles
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 the Collector-cum-District
Magistrate, Madhubani.
6. Learned counsel for the petitioner undertakes on
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instruction from the petitioner that if the vehicles are released in
his favor, in course of trial he will not raise any question with
respect to the seizure of the vehicles and no identification issue
shall be raised in course of trial. Further, he will not claim any
benefit out of this order in the pending proceedings and pursuant
to the release of the vehicles in his favor.
7. Let the Collector-cum-District Magistrate,
Madhubani pass an appropriate order after valuation of the
vehicles 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)
shakir/-
U
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