Subodh Singh @ Subodh Kumar Singh vs. The State Of Bihar And Ors

Held

The Court directed the Collector, Gaya, to release the seized quantity of rice and wheat to the petitioner. This release is conditional upon proper verification and the furnishing of adequate security to the satisfaction of the Collector, pertaining to Confiscation Case No. 9 of 2018. The release is also explicitly made subject to the outcome of both the confiscation proceedings (Confiscation Case No. 9 of 2018) and the ongoing criminal proceedings. The Court reasoned that given the perishable nature of the goods and the petitioner's claims, conditional release pending adjudication was appropriate. The ratio decidendi is that perishable goods seized in connection with an offense can be released to the owner upon furnishing security, pending final adjudication of confiscation and criminal proceedings, provided the owner demonstrates a prima facie right and the goods are likely to deteriorate.

Facts

The petitioner, Subodh Singh, owner of Annapurna Bhandar Rice Mill, filed a writ petition seeking the release of 127 quintal rice and 102 quintal wheat seized by the Block Supply Officer, Belaganj, Gaya. The seizure occurred following a raid at the mill premises and was linked to Belaganj P.S. Case No. 124 of 2018, registered under Section 7 of the E.C. Act. The petitioner claims to be the proprietor of the mill, possessing a valid license and GST number, and asserts that the seized grains were purchased validly. He further contended that the goods are perishable and should be released pending the outcome of confiscation proceedings.

Key Issues

1. Whether the seized perishable goods (rice and wheat) should be released to the petitioner, the owner of the mill, pending confiscation proceedings, given the petitioner's claim of valid purchase and possession of a license and GST number? Petitioner's Arguments: The petitioner argued that the seized rice and wheat are perishable commodities and should be released to him. He emphasized that he is the proprietor of the mill, holds a valid license and GST number, and had validly purchased the grains. He requested release subject to the final order in the confiscation proceedings. Revenue/State's Arguments: No specific arguments were recorded for the respondents as they failed to file a counter affidavit despite earlier indulgence granted by the Court.