IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.402 of 2008 MAHENDRA SINGH SETHIA @ MAHENDRA KUMAR SETHIA Versus STATE OF BIHAR & ANR ------------- 4 06.08.2008 Heard learned counsel for the petitioner and learned Additional public prosecutor for the State of Bihar. In the instant writ petition, the petitioner has challenged the seizure of wheat in question which was being carried on vehicle no. NL- O1D 3513 and NL-01D 3571. Consequently he has prayed for release of wheat in question loaded on the truck and the FIR has been lodged stating that the persons sitting in the aforesaid truck failed to produce appropriate papers in respect of carriage of wheat in question. It is further case of the State that earlier a challan was produced to show that wheat is being carried from Forbesganj to Gulab bagh, but subsequently a different paper was produced that the same is carried to Guahati. As the wheat is a de-notified commodity which can be carried anywhere in the country without any permit or license, this Court without going into the merits or otherwise of the matter, directs that if the petitioner files an application before the S D J M, Araria, the learned Magistrate will pass appropriate order releasing the food grain, namely, wheat, a perishable commodity seized in Araria ps case no.191 of 2008 on furnishing adequate sureties to his satisfaction, except for a bag or two which may be kept by way of sample. Release of food grain in question will be subject to the result of criminal case. Let this order be faxed to the court above at the cost of the petitioner. Shashi. (S.P.Singh,J).