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Patna High Court

Anarjit RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CWJC No.8862 of 2026(2) dt.30-06-2026
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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
                                            3/4




          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
           Patna High Court CWJC No.8862 of 2026(2) dt.30-06-2026
                                                       4/4




                     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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