IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18677 of 2011 1. Amit Kumar Son Of Sunil Kumar @ Sunil Kumar Jaiswal Resident Of Mohalla Thakurwari, Ward No. 11, P.S. Motihari Town, District - East Champaran Versus 1. The State Of Bihar 2. The Block Agriculture Officer, Motihari 2 4.11.2011 The petitioner prays for release of rice and wheat which were seized by the Block Agriculture Officer, Motihari giving rise to Town P.S. Case No.312 of 2011 under section 7 of the E.C. Act as well as under the Prevention of Black Marketing and Maintenance of Essential Commodities and Supply Act, 1980. The prosecution case is that the petitioner was selling subsidized foodgrains of F.C.I. after repacking in different bags. On the other hand, the petitioner submits that the foodgrains has been seized on mere suspicion that it has been stolen from government’s godown or it belonged to different government schemes. The petitioner further submits that he is not a P.D.S. dealer and the foodgrains in question are decontrolled items, since 2002. Having heard counsel for the parties, this writ petition is disposed of with a direction that if the petitioner files an application before the Chief Judicial Magistrate, Motihari for release of the seized rice and wheat, which were seized by the 2 Block Agriculture Officer, Motihari giving rise to Town P.S. Case No.312 of 2011, the learned Magistrate would release the same after being satisfied about the ownership of the foodgrains and on petitioner’s furnishing adequate security, 10% of which would be in form of cash security. The release of the foodgrains would be subject to result of the confiscation case and criminal proceedings. The petitioner would cooperate in the trial. Let this order be communicated through fax at the cost of the petitioner. KHAN (S.P. Singh,J)