IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18693 of 2011 1. Munshi Rai Son Of Late Deep Narayan Rai Resident Of Village Gokhula Bazar Tola Tarkulwa, P.S. Baujariya, District East Champaran 2. Amit Kumar Son Of Sunil Kumar @ Sunil Kumar Jaiswal Resident Of Village Thakurbari, P.S. Motihari, District East Champaran Versus 1. The State Of Bihar 2. The Anchaladhikari, Pipra Kothi, District East Champaran 3. The Anchal Adhikari, Kotwa, Distt.- East Champaran ---------------------------------- 2 17.11.2011. Heard learned counsel for the parties. The petitioners have come to this Court for release of 124 bags & 615 bags rice respectively, seized on 31.8.2011 in Town Police station case no. 310 of 2011 instituted under section 7 of the E.C.Act & Prevention of Black Marketing and Maintenance of Essential Commodities and Supply Act, 1980. The petitioners submit that there is no storage limit of the rice and merely on the ground that the same has been packed in FCI bags would not constitute an offence. Empty FCI bags are available in market in sale. Petitioners are not PDS dealer. They transact business in free sale of rice. The petitioners further submit that rice is a perishable commodity and no useful purpose would be served in keeping it under seizure. Learned counsel for the State submits that the 2 rice belongs to FCI and petitioners in the circumstances have committed theft. In the facts of the case, the writ petition is disposed of with direction that if the petitioners file an application before the Chief Judicial Magistrate, East Champaran, Motihari , the learned Magistrate would release the rice on furnishing adequate surety, 10 % of which would be in form of cash surety. Release of rice or its value would be subject to the result of criminal prosecution/ confiscation proceeding. Let this order be communicated to the court of the Chief Judicial Magistrate, Motihari through FAX at the cost of the petitioners. Shashi. (Samarendra Pratap Singh, J.)