IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.88 of 2011 VINEET PODDAR @ VINOD KR. SON OF YOGENDAR PODDAR, RESIDENT OF REFUGEE COLONY, BANGAON ROAD, P.S. SADAR, DISTRICT SAHARSA Versus 1. THE STATE OF BIHAR 2. THE SUPPLY INSPECTOR, RURAL AREA, SAHARSA. ----------- 02. 07.04.2011 Heard learned counsels for the petitioners and the State. The prayer of the petitioners is for quashing of the seizure of 388 bags of rice seized by the Supply Inspector, Rural Area , Saharsa in connection with Sadar P.S. Case No. 502 of 2010 under section 7 of the Essential Commodities Act. Petitioner is the owner of the seized rice in question. Learned counsel for the State submits that without satisfying the ownership and furnishing adequate security, no release can be effected. Considering the submissions of the parties, this Court is of the opinion that continuing the seizure of the aforesaid wheat may not be justified. In the above circumstances, petitioner is permitted to make an appropriate application in the Court of Chief Judicial Magistrate, Saharsa within a period of two weeks for release of the seized items. In case such 2 application is filed, the same be considered in accordance with law and upon satisfying the ownership and furnishing adequate security, the rice in question be released in favour of the petitioner. Such consideration be made within a period of two weeks on filing application after serving a copy to the counsel for the State. It is, however, made clear that this Court has not gone into the merits of the case and the aforesaid release shall be subject to the final outcome of the aforesaid police case/confiscation proceeding, if any. The writ application accordingly stands disposed of with the above observations/directions. The order may be communicated to the court of Chief Judicial Magistrate, Saharsa in connection with Sadar P.S. case No. 502 of 2010 through fax at the cost being deposited by the petitioner. Jagdish/ ( Shailesh Kumar Sinha, J.)