IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.139 of 2010 AMIT KUMAR S/O RAJENDRA PRASAD, RESIDENT OF VILLAGE- MANDI, P.S.-NALANDA, DISTRICT-NALANDA. Versus 1. THE STATE OF BIHAR 2.THE BLOCK SUPPLY OFFICER, BIHAR SHARIF, NALANDA. For the petitioner : Mr.N.K.Agrawal, Advocate. For the State: Mr.D.P.Choudhary, S.C.2. 2. 12.3.2010 Heard the learned counsel for the petitioner and the learned counsel for the State. As per the F.I.R. a large number of bags with rice were seized from the shop of the petitioner who is said to be the owner of M/s Shivam Enterprises. Since bags had mark of F.C.I. it was suspected that they had been stolen and the stitches of the bags were changed to sell them in the market. Accordingly the bags were seized and a case under section 7 of the E.C. Act was instituted against the petitioner. Learned counsel for the petitioner submits that the petitioner is a trader of Food grains and, therefore, he is having a business of sale and purchase of rice as well as other articles. He also submits that there is no control on sale and purchase of rice. Therefore, section 7 of the E.C. Act will not be attracted in this case. He submits that at best the case may be of theft of bags of F.C.I. but no case of theft of F.C.I. bags of rice has been reported. The case has been instituted only under section 7 of the E.C. Act and no other section of the I.P.C. However, rice is perishable item and confiscation proceeding bearing Confiscation Case No.5 of 2010 may take a 2 long time to decide. Therefore, he submits that the rice may be released to him with whatever terms and condition and bond and security as may be considered appropriate. Considering the nature of commodity, the prayer of the learned counsel for the petitioner appears to be reasonable. The confiscating authority is, therefore, directed to release the rice in favour of the petitioner on such terms and conditions and condition of bond and security as he may determine. Before release of the rice a certificate will be obtained from the petitioner regarding physical feature of the bags, namely, that the bags have marking of F.C.I. and also the number of bags which were found machine sewed, which shall be treated as admission on the part of the petitioner in proceeding with regard to the nature of the bag and its physical feature. The order of release is being passed only on account of perishable nature of the commodity and petitioner shall not take any advantage in the proceeding on account of the same. With the aforesaid observations and directions this writ application is disposed of. AnilKr.Sinha (J.N.Singh,J)