IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.311 OF 2010 1. MUNNA SAH, SON OF BISHESHWAR PRASAD SAH 2. BISHESHWAR PRASAD SAH, SON OF LATE JAGDEO PRSAD SAH, BOTH RESIDENTS OF JAI NAGAR, P.S. JAI NAGAR, DISTRICT MADHUBANI…………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MADHUBANI 3. THE MARKETING OFFICER, JAI NAGAR, DISTRICT MADHUBANI…………………….RESPONDENTS ----------- 2 17.05.2010 Heard learned senior counsel for the petitioners and learned counsel for the State. 146 quintals of pulses were seized from the business premises of petitioner no.2 and a case under Section 7 of the Essential Commodities Act was instituted on the allegations of storing the same without licence. Learned senior counsel for the petitioners has advanced his argument in respect of absence of any necessity of licence for dealing with the pulses at the relevant point of time and has submitted that there was no necessity of licence for the same at the time. He has also submitted that now the confiscation proceeding has started and it may take a long time and conditions of pulses may deteriorate and they may become unfit for human - 2 - consumption causing irreparable loss to the petitioner. It is common knowledge that the confiscation proceedings pending before the respondent Collector take long time to be decide. Therefore, without going into the merits of the claim of the petitioners, this Court directs the confiscating officer to release the pulses in favour of petitioner no.2 on furnishing of sufficient security and bond and on such terms and conditions as the confiscating authority may fix for the purpose which shall be subject to final result of the proceeding and the petitioner shall not draw any advantage in the proceeding on account of the said release. The writ application is disposed of with the aforesaid observations and directions. Let a copy of this order be sent to the office of the Collector, Madhubani through FAX at the cost of fax in connection with Jai Nagar P.S. Case No.15 of 2010. B.T (J. N. Singh, J.)