IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.370 of 2011 ASHOK KUMAR SAH @ PAPPU SAH SON OF LATE RAMESHWAR SAH, RESIDENT OF VILLAGE- CHAKAI BAZAR, P.S. CHAKAI, DISTRICT- JAMUI Versus 1. THE STATE OF BIHAR 2. THE BLOCK SUPPLY INSPECTOR, CHAKAI, JAMUI ----------- 2 06.07.2011 Heard learned counsels for the petitioner and the State. Petitioner prays for quashing the seizure of 679 bags of rice each containing 50 kgs., total weighing to 339.50 quintals, and 301 bags of wheat each containing 50 Kgs., total weighing to 150.50 quintals made by the Block Supply Officer, Chakai (Jamui) in connection Chakai P.S. Case No. 16 of 2011 registered for the offence under Section 7 of the Essential Commodities Act. Petitioner has alternatively prayed for release of the wheat and rice in favour of petitioner. Learned counsel for the State opposes the prayer of the petitioner and submits that the wheat and rice could not be released in absence of adequate security. Considering the rival submissions of the parties, this court is of the opinion that continuing the seizure of the aforesaid wheat and rice for a long time may not be justified as the same are perishable in nature. In the above circumstances, it will be open for the petitioner to file an application before the Chief Judicial Magistrate, Jamui for release of the aforesaid food-grains. In case such application is filed, the same would be considered in accordance with law and upon prima facie satisfying the claim over the seized articles and on furnishing adequate security, the wheat and rice in question be released in favour of the petitioner. Such consideration be made within a period of two weeks on filing of the application after serving a copy of the same on the counsel for the State. It is however, made clear that this court has not gone into the merits of the case. The aforesaid release shall be subject to the result of the confiscation case/criminal proceeding against the petitioner. With the aforesaid observations/direction, the writ application stands disposed of. Let this order be communication to the court of C.J.M., Jamui in connection with Chakai P.S. Case No. 16 of 2011 through fax on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)