IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7253 of 2010 1. RAJU GUPTA S/O SRI PYARE PRASAD R/O CHANDMARI ROAD, P.S.- KANKARBAGH, DISTT.- PATNA 2. MADAN GUPTA S/O LATE RAM LAKHAN GUPTA R/O SOUTH CHANDMARI ROAD, P.S.- KANKARBAGH, DISTT.- PATNA 3. PINTU GUPTA S/O SRI PYARE PRASAD R/O CHANDMARI ROAD, P.S.- KANKARBAGH, DISTT.- PATNA. VERSUS 1. THE STATE OF BIHAR 2. SUPPLY INSPECTOR, RATIONING, PATNA ----------- 02 04.05.2010 The petitioners claim to be owner of about 1280 bags of rice, 5 bags of wheat and detergent powder etc. seized on 31.03.2010 by the Supply Inspector, pursuant to which seizure Kankarbagh P.S. Case No.105 of 2010 was instituted on 01.04.2010 under Section 7 of the Essential Commodities Act. The only allegation is that petitioners were found in possession of stitching machine and bags of rice, some of which bore marking of FCI, though from the F.I.R. itself it is apparent that from the site itself, stitching machine was found. It is alleged that rice was stored for the black marketing. Learned counsel for the petitioners states that there is neither any licence required for dealing in rice or detergent, in question, nor is there any statutory price fixation plus the allegation of black marketing etc. are just based on suspicion and surmises and is wrong. Learned counsel for the petitioner restricts his prayer to release of the seized commodities. - 2 - Having considered the matter, in my view, no useful purpose would be served by permitting the commodities remained in seizure. I, therefore, direct the SDJM, Patna to release the seized commodities in the case aforesaid to the petitioners on proper identification, subject to security to his satisfaction. The release would, however, be subject to final orders that may be passed in the criminal case and/or confiscation proceedings, if any. The writ application stands disposed of. Let a copy of this order be communicated to the SDJM, Patna by FAX at the cost of the petitioners. Trivedi (Navaniti Prasad Singh, J.)