IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.345 of 2011 1. Arun Kumar, son of Nandlal Prasad, resident of Naya Bazar, P.S. Maharajganj, District Siwan. 2. Nandlal Prasad, son of Late Vishwanath Prasad, resident of Naya Bazar, P.S. Maharajganj, District Siwan. 3. Manoj Kumar, son of Dharamnath Prasad, resident of Naya Bazar, P.S. Maharajganj, District Siwan. ----Petitioners Versus 1. THE STATE OF BIHAR. 2. The Block Supply Officer, Maharajganj, District Siwan. ---Respondents ----------- 2. 21.4.2011 Heard learned counsel for the petitioners and the State. The prayer of the petitioners is for quashing the seizure of rice as per the three separate seizure lists dated 28.12.2010 made by the Block Supply Officer, Maharajganj, District-Siwan, which gave rise to Maharajganj Police Station Case No.178/2010 registered for the alleged offence under section 7 of the Essential Commodities Act. In the alternative, the prayer of the petitioner is that the aforesaid seized rice, which is perishable item, should be released. Learned counsel appearing for the State submits that the release of the seized item cannot be made without verifying the ownership and also on furnishing sufficient security. In the opinion of the Court, keeping the aforesaid rice under seize for long time may not be justified. Considering the submissions of the parties, it is directed that in case an appropriate application is filed on behalf of petitioners no.1 and 3 within a period of three weeks in the court of - 2 - the Chief Judicial Magistrate, Siwan for release of the rice seized as detailed above in connection with the aforesaid police case, the same shall be considered in accordance with law, expeditiously preferably within a period of six weeks and on being satisfied with regard to the ownership over the rice and also adequate security for the release, the seized item be released in favour of petitioners no.1 and 3, subject to the final outcome of the aforesaid Maharajganj Police Station Case No.178/2010 and/or confiscation proceeding, if any. The writ application stands disposed of with the above observations/directions. Let a copy of this order be communicated to the court of the Chief Judicial Magistrate, Siwan, in connection with Maharajganj Police Station Case No.178/2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)