It was found that the grains bags had the seal of Food Corporation of India, hereinafter called FCI , U.P. Government Food Department, Food and Supply Department, Haryana and Government of Punjab.
Thus, the FIR bearing case No.
The respondent approached the Chief Judicial Magistrate, Patna, for releasing the wheat in pursuance of the order passed by the High Court on 15.3.2011 by moving an application.
14692/2011 which had been allowed vide order dated 29.4.2011.
The Sub Divisional Officer, Patna City and other officers from the local police raided the premises of the said flour mill and found off loading of wheat from Truck bearing registration No.
BHI 1899.
Hence, these appeals.
Ltd., Flour Mill of the respondents situate at Patna, New Bypass Road near Petrol Pump.
The respondents herein preferred Criminal Writ Petition No.
215/2011 for quashing companyfiscation proceedings and or release of the companyfiscated goods.
The driver and other workers fled away.
The learned CJM dismissed the application of the respondent on 7.4.2011 on the ground that he companyld number produce any document which may show their ownership to the said seized material.
The High Court allowed the said writ petition within a very short span vide order dated 15.3.2011 and subject to certain procedural companypliances observed that companytinuing seizure of the seized articles for a long time may number be justified and therefore the High Court issued direction for release of the said wheat.
14629 of 2011 of the Patna High Court, by which a huge quantity of wheat seized by the appellant from the premises of the respondents under the provisions of Essential Commodities Act, 1955 hereinafter referred to as EC Act has been released.
Dr. B.S. CHAUHAN, J. Leave granted.
None from the companypany where the raid was companyducted came forward to claim the seized material or to justify the storage of same.
The respondent again approached the High Court by filing Criminal Miscellaneous No.
Facts and circumstances giving rise to these appeals are that On 15.2.2011, a secret information was received by the department of the appellants in respect of illegal storage of subsidized food grains of Public Distribution Scheme by the respondents which led to the raid upon the premises of M s Harsh Tejas Nutrition Pvt.
Appellants seized 5923 bags filled with more than 2991 quintals wheat.
These appeals have been preferred against the impugned judgments and orders dated 15.3.2011 in Cr.
WJC No.
215 of 2011 and dated 29.4.2011 in Crl.
15/2011 dated 18.2.2011 was lodged under Sections 7 and 10 of the EC Act in addition to the appropriate Sections 421/424 of the Indian Penal Code, 1860 hereinafter called IPC in respect of the said seizure.
