Deepak Mohnani vs State of Jharkhand And Ors

Heard learned counsel for the parties through V.C.

The instant writ application has been preferred by the petitioner praying therein for quashing the entire confiscation proceeding in connection with

Confiscation Case No.58/2020-21 initiated by the Deputy Commissioner, East Singhbhum, Jamshedpur and also for quashing the order dated

22.01.2021 (Annexure-4); whereby the respondent No.2 has confiscated the food grains purportedly under Section 6(A) of the Essential Commodities

Act in connection with said Confiscation Case.

Mr. Sumeet Gadodia learned counsel for the petitioner draws attention of this Court towards the auction notice (Annexure-I.A./1 of the

interlocutory application) which has been issued by the respondents for disposal of the confiscated food grain. He further submits that the petitioner is

ready to deposit the amount of Rs.23,52,248.00/- by way of demand draft in favour of the respondent for release of the said goods as the said amount

has been mentioned in the auction notice.

He further submits that after passing of the impugned order dated 22.01.2021 the petitioner had also filed an appeal before the appellate authority

being Confiscation Appeal No.01/2021 which is still pending. As such, said deposited amount shall be subject to the final outcome of the appeal and if

the case is decided in favour of this petitioner, the amount so deposited shall be refunded to him in accordance with law.

Mr. Indranil Bhaduri, learned counsel for the respondent-State upon telephonic instructions submits that the respondent-State is ready to release the

confiscated items provided the petitioner deposits the amount mentioned in the auction notice i.e. Rs.23,52,248.00/- by way of demand draft forthwith.

He further submits that the release of such confiscated items shall be made in presence of a Magistrate appointed by the respondent No.2.

In view of the aforesaid facts and submissions of the rival parties, interest of justice would be sufficed by disposing of the instant writ application by

directing the petitioner to deposit of Rs.23,52,248.00/- by way of demand draft in favour of District Supply Officer, East Singhbhum, Jamshedpur

within a period of ten (10) days from today. If the aforesaid amount is deposited by the petitioner within aforesaid stipulated time, the confiscated

goods shall be released in favour of the petitioner in presence of a Magistrate who shall be appointed by the respondent No.2.

It goes without saying that if the petitioner will succeed in the confiscation appeal or any subsequent litigation then he will claim for refund of the

said deposited amount and the same shall be dealt with in accordance with law.

Consequently, the impugned order dated 22.01.2021 (Annexure-4) and subsequent auction Notice regarding auction process of food grains in

connection with Confiscation Case No.58/2020-21 which is scheduled on 24.05.2021, are hereby, quashed and set aside subject to payment of the

aforesaid amount within aforesaid stipulated period.

With the aforesaid directions, the instant writ application along with I.A. No. 2374 of 2021 stands disposed of.

Let a copy of this order be sent to the learned counsel for the parties through electronic device etc. forthwith.