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Judgment
H.C. Mishra
Heard learned counsel for the petitioner and learned G.P.-V for the State.
This writ petition has been filed by the petitioner challenging the order of confiscation passed by the learned Collector, Dhanbad, dated 14.03.2000 in Confiscation Case No. 17 of 1998, whereby 322 quintals of rice and 21 quintals of wheat, which were seized from godowns of the petitioner, were confiscated. It is apparent that the seizures was made on 20.03.1998 from two godowns of the petitioner.
Learned counsel for the petitioner has submitted that on the date of seizure, there was no storage limit with respect to rice and wheat in view of the letter No. F(II)(7)/94-E.C.R. & E. dated 27th January, 1995, issued by the Government of India, whereby the Government of India took the policy decision to liberalize the food grains. Taking into consideration the comfortable food situation, the Central Government decided to abolish the storage limits on wheat and rice. The State Govts. and Union Territories were also informed accordingly, to give effect to the decision of the Govt. of India. Learned counsel for the petitioner has, accordingly, submitted that in view of the said decision of the Central Government, there was no storage limit on wheat and rice, and as such, the initiation of the confiscation proceeding and the impugned order passed by the Collector, Dhanbad are absolutely illegal, without jurisdiction and cannot sustained in the eyes of law. In this connection, learned counsel has placed reliance upon the decision of this Court in case of Ashok Kumar Barnwal and Ors. Vs. The State of Bihar and Ors, reported in 2002 (2) JLJR 391.
Learned G.P.-V opposed the prayer submitting that the State Government had not lifted the storage limit.
In the facts and circumstances of this case and in view of the decision of the Central Government to abolish the stock limit on wheat and rice, I am of the considered view that the learned Collector Dhanbad had no jurisdiction to initiate the confiscation proceeding. As such, the impugned order of confiscation cannot be sustained in the eyes of law.
This writ application is, accordingly, allowed and the impugned order passed by learned Collector, Dhanbad in Confiscation Case No. 17 of 1998 as contained in Annexure - 3 to this writ petition is, hereby, quashed. The respondent authorities are directed to release the wheat and rice in question, in favor of the petitioner forthwith.