IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18645 of 2009 1. AJIT KUMAR SAH @ PAPPU SAH S/O SRI KISHUN SAH @ KRISHNA MOHAN SAH R/O VILL DAM ROAD, DALIA, BOUNSHI, P.S.BOUNSI, DISTT-BANKA VERSUS 1. THE STATE OF BIHAR 2. THE BLOCK SUPPLY OFFICER BAUNSHI, BANKA ----------- 02 16.03.2010 Mr. N.K. Agarwal, learned senior counsel restricts the prayer in this application to release of 50 quintals of sugar seized by the Block Supply Officer, Boushi, Banka leading to Boushi P.S. Case No.97 of 2009. Learned counsel for the petitioner states that in the year 2002, sugar was completely delicensed and all such limit for dealers were removed, as such, sugar was free sale commodity. The present stocks were seized on 17.08.2009. It is pointed out that on 14.08.2009 the State Government purported to impose restriction on the business of sugar but with reference to order dated 12.10.2009 passed in C.W.J.C. No.12427 of 2009 and analogous cases, it is submitted that till that day that is 12th October, 2009 State was unable to produce the gazette notification in that regards and, as such, on the date of seizure there being no notified order restricting business in sugar. The seizure itself was illegal. These are matters which will be considered at appropriate stage. In view of the restricted relief, as prayed for, I direct the Chief Judicial Magistrate, Banka to release the seized sugar to the petitioner, on petitioner furnishing sufficient security to the - 2 - satisfaction of Chief Judicial Magistrate, Banka, which release shall be subject to the result of the criminal prosecution and/or the confiscation proceedings, if any. This disposes of the writ petition. Let this order be communicated by FAX at the cost of the petitioner to the concerned Court. Trivedi (Navaniti Prasad Singh, J.)