IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.844 of 2008 KAMLESHWARI PODDAR, S/O LATE NARSINGH PODDAR, R/O UDAKISHUNGANJ, P.S.-UDAKINSHUNGANJ, DISTRICT- MADHEPURA. ……………PETITIONER. Versus 1. STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, UDAKISHUNGANJ, MADHEPURA. ………………RESPONDENTS. ----------- 4 21.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application has been filed for quashing the seizure of 111 bags of rice weighing 50 kgs. each which was seized from the custody of the petitioner who is said to be a P.D.S. dealer. Learned counsel for the petitioner submits that rice is a perishable item and, therefore, if it remains in the custody of police the same will rot and become unfit for human consumption causing irreparable loss to the petitioner. Learned counsel for the State submits that criminal proceeding is pending against the petitioner and, therefore, in the proceeding the rice may be required as evidence as the allegation against the petitioner is of black marketing of rice. In case the bags of rice are released in favour of the petitioner the - 2 - petitioner may be put to stringent condition to ensure that the proceeding against him is not frustrated on account of such release. Considering the submissions of learned counsel for the parties the respondents are directed to release 111 bags of rice in favour of the petitioner subject to petitioner furnishing necessary security and bonds as per satisfaction of the learned court below and upon undertaking given by the petitioner that he will not take advantage of this release in the proceeding as an impediment for deciding the same on its merits. With above directions, this writ application is disposed of. Arvind/ (J. N. Singh, J.)