IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.115 OF 2010 1. RAM ISHWAR SAH, SON OF SRI VIPAT SAH, RESIDENT OF HAJIGANJ, P.S. CHOWK, PATNA CITY, DISTRICT PATNA 2. ARVIND KUMAR, SON OF SRI UMAKANT YADAV, RESIDENT OF BISHUNPUR GIDHA, P.S. MANIYARI, DISTRICT MUZAFFARPUR 3. BHOLA BHAGAT, SON OF SRI RAM SURAT BHAGAT, RESIDENT OF NAWADA, P.S. SILOUT, DISTRICT MUZAFFARPUR 4. UMESH KUMAR, SON OF SRI SHYAM NANDAN SAH, RESIDENT OF SITARAMPUR, P.S. MANIYARI, DISTRICT MUZAFFARPUR 5. DHARMENDRA KUMAR, SON OF SRI ANAND LAL RAI, RESIDENT OF LAUTAN, P.S. SAKRA, DISTRICT MUZAFFARPUR 6. RAMESHWAR PASWAN, SON OF LATE JUNGI PASWAN, RESIDENT OF SHAKRA FARIDPUR, P.S. SAKRA, DISTRICT MUZAFFARPUR 7. SANJEET KUMAR, SON OF LATE BIGAN SAH, RESIDENT OF MOHALLA SUMITRA VIHAR, KANHAULI, P.S. MITHANPURA, DISTRICT MUZAFFARPUR……………………………………………….……….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE MARKETING OFFICER, SADAR, MUZAFFARPUR…………………………………………………...RESPONDENTS ----------- 7. 17.05.2010 Heard learned senior counsel for the petitioners and learned counsel for the State. Six pick-up vans bearing registration nos. BR-01GA-4891, BR-1AD-8728, BR-06R-5623, BR-06L-9474, BR-06L-5781 and BR-06J-6433 of petitioner nos. 1 to 6 and 312 bags of wheat were seized and a case under Section 7 of the Essential Commodities Act and Section 419 and 420 of the Indian Penal Code was instituted against them on the allegation of indulging - 2 - into black-marketing of wheat. Since the confiscation proceeding has started, this Court does not feel it appropriate to interfere in the same. However, in view of the delay being caused in disposal of the confiscation proceedings, this Court directs the confiscating authority to release bags of wheat to petitioner no.7 on his furnishing sufficient security and bond and on such terms and conditions as the confiscating authority may consider fit and proper which shall be subject to final result of the confiscation proceeding. Similarly, he shall also release aforesaid vehicles, on satisfaction of the ownership of the vehicles to petitioner nos. 1 to 6, on their furnishing cash security or bank guarantee in respect of each of the vehicles and on such terms and conditions as the confiscating authority may fix for the purpose. The said release shall also be subject to the final result of the confiscation proceeding. Petitioners shall co- operate in the proceeding at all point of time and shall not dispose of the vehicles till final conclusion of the proceeding and shall - 3 - produce the vehicles in the proceeding as and when required. Petitioners 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 this order be sent to the court of court concerned through FAX at the cost of the petitioners in connection with Mithanpura P.S. Case No.231/2009. B.T (J. N. Singh, J.)