IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6645 of 2010 1. ANAND KUMAR, S/O SRI RAGHUBIR PRASAD, R/O BARI PAHARI, P.S SOHSARAI, DISTRICT- NALANDA 2. RANJIT KUMAR, S/O LATE YOGENDRA PRASAD, R/O BARI PAHARI, P.S SOHSARAI, DISTRICT- NALANDA VERSUS 1. THE STATE OF BIHAR. 2. THE BLOCK SUPPLY OFFICER, BIHARSHARIF, DISTRICT- NALANDA. ----------- 02 04.05.2010 The present writ application has been filed by the two petitioners for release of rice as per the two seizure list in connection with Laheri P.S. Case No.42 of 2010, instituted under Section 7 of the Essential Commodities Act read with various Sections of the Indian Penal Code. It seems that when the rice was being unloaded at the shop within Bazar Samiti, Biharsharif, it was seized on the ground that no convincing paper could be produced in support thereof. It is alleged that it is misappropriated rice from the PDS system. Mr. N.K. Agrawal, learned Senior Counsel appearing on behalf of the petitioners submits that there is no basis for such an allegation. It is just bald allegation on suspicion and surmises. No licence is required for trading in rice. Admittedly, rice was unloaded in truck within the market yard at the shop. Considering the fact that the rice being perishable commodities, no purpose would be served by permitting it in seizure. Having considered the matter, in my view, let the seized stocks of rice in connection with Laheri P.S. Case No.42 of 2010 - 2 - be released to the two petitioners on proper identification by the learned Chief Judicial Magistrate, Biharsharif to his satisfaction, subject to final orders that may be passed in the criminal proceedings in that regards. Let a copy of this order be communicated to the CJM, Biharsharif by FAX at the cost of the petitioner. The writ application is disposed of. Trivedi (Navaniti Prasad Singh, J.)