IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15018 of 2009 RAJESH KUMAR SINGH @ RAJESHWAR SINGH, S/O BAIDYANATH SINGH, R/O VILLAGE-BARAITHA MATH, P.S.-CHIRAIYA, DISTRICT-EAST CHAMPARAN. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, KESARIYA/KALYANPUR, DISTRICT-EAST CHAMPARAN. …………RESPONDENTS. For the petitioner : Mr. N.K. Agrawal, Sr. Adv. and Mr. D.N. Tewari, Adv. For the State : AC to GP-VI. ----------- 2 25.01.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. This writ application has been filed for release of wheat loaded on three trucks bearing Registration Nos. BR-06F/5123, BR-06C/9723 and BR-06D/5723 of which petitioner is said to be the owner. The wheat loaded on the trucks were seized on the suspicion that the same belonged to Food Corporation of India as the bags contained the marking of the Corporation. Accordingly, Mehasi P.S. Case No. 98 of 2009 was registered under Section 7 of the E.C. Act and Sections 414 and 120B of the Indian Penal Code against the petitioner. Learned counsel for the petitioner submits that the wheat seized is a perishable item and it may rot and become un-consumable in course of the time if the same remain lying in the police custody causing irreparable loss 2 to the petitioner. He submits that pending criminal proceeding against the petitioner and any other proceeding under the E.C. Act the wheat may be released to the petitioner with any terms and conditions as the court concerned may fix. Learned counsel for the State submits that the court below has to exercise jurisdiction in respect of release of wheat in terms of Section 451 of the Cr.P.C. Considering the submissions of learned counsels for the respective parties, in the interest of justice, this Court directs the learned court below to release the wheat to the petitioner upon such terms and conditions as it may deem fit and proper with sufficient surity. It is made clear that the release shall be subject to final adjudication of the criminal case as well as orders passed in the confiscation proceeding. The writ application is disposed of with the aforesaid observations and directions. Let this order be sent to the learned court below through FAX at the cost of the petitioner. Arvind/ (J. N. Singh, J.)