IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18858 of 2011 1. Pankaj Kumar Son Of Sri Madan Prasad Resident Of Village Amba Nagar, P.S. Noorsarai, District Nalanda, Proprietor Of M/S Jyoti Rice Mill, Noorsarai, Nalanda. Versus 1. The State Of Bihar. 2. The Collector, Nalanda. 3. The Block Supply Officer, Noorsarai, Nalanda. 2 2.12.2011 The petitioner prays for release of 630 bags of rice weighing 315 quintals and 70 bags of paddy seized on 14.9.2011 by the Block Supply Officer, Noorsarai (Nalanda) in connection with Noorsarai P.S. Case No.164/2011 registered under section 7 of the E.C. Act and section 420/34 of the Penal Code. It is alleged that in course of inspection of the premises of the petitioner’s godown, rice and paddy were found in bags having mark of F.C.I. stamp on it. The respondents suspected that the foodgrains have been illegally lifted from the F.C.I. and other Government godowns. It is further alleged that the foodgrians have been stored for the purposes of black marketing. Counsel for the petitioner submits that the prosecution case is based on suspicion and storing of foodgrains in a bag containing the F.C.I. Stamp on it itself, is not a conclusive proof that the foodgrains have been lifted from the government godown. Further more, the storage limit for rice and paddy has been denotified in the year 2002. He further submits that there is no provision for sealing of the godown, shop or Mill. It is not in dispute that the rice and paddy are perishable commodities and no useful purpose would be served in 2 keeping the same under seizure for long as it may perish over such period. In the circumstances, if the petitioner files an application before the Chief Judicial Magistrate, Nalanda for release of the aforesaid food grains seized in connection with Noorsarai P.S. Case No.164/2011, the learned Magistrate would release the same in favour of the petitioner on furnishing adequate security, Rs.5,000/- in form of cash security, to his satisfaction. The learned Magistrate would also pass an appropriate order for unsealing of the godown of the petitioner. It is made clear that the release of the aforesaid foodgrains will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the C.J.M., Nalanda through fax at the cost of the petitioner. KHAN (S.P. Singh,J)