IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.931 of 2008 RANJEET KUMAR & ORS Versus STATE OF BIHAR & ANR ----------- 03/ 14.09.2009 Heard the learned counsel for the petitioner and the learned counsel for the State. Bochchan P.S. Case No. 124 of 2008 (G.R. No. 2374 of 2008) was registered under Section 7 of the Essential Commodities Act for seizure of 20 bags of wheat weighing 20 quintals. Simultaneously a Tata Ace Van of petitioner no.1 bearing Registration No. BR 06Q – 4562 was seized. It has been contended that wheat is a free sale commodity. It is still to be ascertained in the trial and investigation whether it was of the Public Distribution System or not. The relief sought at this stage is for release of the vehicle and seized wheat. Counsel for the parties are not in a position to apprise the Court if the seized wheat has been the subject matter of any confiscation proceedings and what orders may have been passed thereupon. Wheat is a perishable commodity and may not away during the pendency of the proceedings. This Court, therefore, directs that if the wheat has not been sold, the District Magistrate, Muzaffarpur shall proceed to release the wheat in favour of the petitioner upon his furnishing adequate security. If the wheat has been sold and the sale - 2 - proceeds deposited in the Treasury, the same shall also be released to the petitioner upon his furnishing adequate security. In so far as the vehicle is concerned, let it be released to the registered owner of the vehicle upon his production of necessary documents in support of his claim to ownership and executing a bond giving an undertaking to produce the same before the court as and when it may be so ordered. Let both the directions with regard to the release of the wheat and the release of the vehicle be complied with within a maximum period of three weeks from the date of receipt/production of a copy of this order. The writ application stands disposed off. DKS/ (Navin Sinha, J.)