Patna High Court
Pramod Singh vs The State Of Bihar on 15 July, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12582 of 2019
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Pramod Singh Son of Ram Chandra Singh Resident of Lachariya Tola, P.S.
Mokama, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Govt. of Bihar, Old Secretariat, Patna.
2. The District Magistrate, Patna.
3. The Senior Superintendent of Police Patna.
4. The Station House Officer, Mokama Police Station, Mokama, District-Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Gouranga Chatterjee
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-07-2026
1. This Writ petition has been filed by the
petitioner for following reliefs:-
I. For issuance writ/order/direction
including writ in the nature of mandamus
directing the respondents to release the
Tata Truck bearing Registration No. BR-
01GA-5647, seized in connection with
Mokama P.S. Case No. 33/2019 under
section 7 of the Essential Commodities
Act (E.C. Act) and 120 Ð’ IPC.
II. For any other relief / reliefs for
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which the petitioner is found entitled to
on the facts and in the circumstances in
the instant case.
2. On 13/02/2019 a case vide Mokama P.S.
Case No. 33/19 Under Section 7 of Essential
Commodities Act and Section 120B IPC was registered
against the petitioner being the owner of the truck no.
BR-01GA-5647 and also against the driver of the truck
on the basis of a written report filed by one Rajiv
Ranjan Sinha, District Supply Officer, Mokama. It is
alleged in the written report that on 12/02/19, the
FCI supplied 350 bags containing 174.37 quintal of
Wheat, the total weight of which was 279.55 quintals
to the District Manager Bihar Food & Civil Supplies
Corporation, Patna. The BSFC handed over the said
wheat to the contractor for transportation and delivery
at Fatwa Godown. The wheat was loaded in truck of
the petitioner and the truck was driven by driver
named Munna. The Mokama Police stopped the truck
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on suspicion and informed the BSFC about the seizure
of truck. The officials of of BSFC came and weighed
the wheat and found shortage of 4.35 quintals, for
which a case was registered against the petitioner and
driver Munna for the offences punishable under Section
120B of IPC and Section 7 of the E.C. Act. The
petitioner moved before the concerned Court below
and he was granted anticipatory bail vide order dated
18.04.2019
passed in A.B.P. No. 1742/2019.
3. It is the specific contention of the Learned
counsel for the petitioner that the petitioner is merely
the owner of the vehicle and was not present in the
truck at the time of the alleged interception. It is
contended that the petitioner cannot be held
vicariously liable for the criminal acts or omissions of
the driver, and no prima facie case is made out against
him under Section 7 of the EC Act. It is further
submitted that the petitioner has already been granted
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anticipatory bail by the learned court below vide order
dated 18.04.2019 passed in A.B.P. No. 1742/2019.
4. On the other hand, learned counsel for the
State draws the attention of this Court to the fact that
notice was duly served upon the petitioner by the office
of the District Magistrate, Patna, regarding the
initiation of statutory confiscation proceedings. It is
submitted that a final, detailed order has already been
passed in the said confiscation case on 23.09.2019.
5. Having heard the parties and on perusal of the
record, this Court notes that a final order of
confiscation has already been passed by the District
Magistrate, Patna, on 23.09.2019. Under the
provisions of the Essential Commodities Act, a
statutory alternative remedy of appeal is explicitly
available to an aggrieved party against such a
confiscation order before the designated Appellate
Authority. The petitioner, without exhausting the
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efficacious alternative statutory remedy available under
the law, has approached this Court by filing the instant
Writ Petition. Accordingly, this Writ Petition is disposed
of with direction to the petitioner to file an appropriate
statutory appeal before the concerned Appellate
Authority against the confiscation order dated
23.09.2019 within a period of one month from the
date of receipt/production of a copy of this order. If
such an appeal is filed within the stipulated period, the
Appellate Authority shall consider and dispose of the
same on its own merits, after providing a fair and
reasonable opportunity of being heard to the
petitioner, in accordance with law.
6. Furthermore, the petitioner is at liberty to move
an appropriate application before the concerned
Criminal Court of competent jurisdiction for the interim
or final release of the truck in question, which shall be
considered on its own merits without being prejudiced
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by any observation made herein.
7. With the aforesaid observation/direction,
the Writ petition stands disposed of.
(G. Anupama Chakravarthy, J)
sunilkumar/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.07.2026 Transmission Date N/A
