IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12441 of 2009 SHAMBHU SHARAN GUPTA, SON OF INDRADEO SAO, RESIDENT OF VILLAGE DUMRICHATTY, P.S. FATEHPUR, DISTRICT GAYA----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, FATEHPUR, GAYA----RESPONDENTS. ----------- 03. 08.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the owner of the food grains. He has been made accused in Fatehpur P.S. Case No. 144 of 2009 dated 26.8.2009 registered for the offence under Section-7 of the Essential Commodities Act. His food grains has been seized, which is evident from the First Information Report, Annexure-4 and the seizure list dated 26.8.2009, Annexure-3. 3. Counsel for the petitioner states that till date he has not been served with any notice initiating confiscation proceeding in terms of the provisions contained in Section-6A of the Essential Commodities Act in regard to the seizure of the food grains seized under seizure list dated 26.8.2009 and appreciating such fact this Court should direct for release of the food grains as the proceeding before the Collector, Gaya is likely to take some time and in the meanwhile the seized food grains may be destroyed. 4. Learned counsel for the State has opposed the prayer. According to him petitioner should first approach the competent authority under the Essential Commodities Act with request to release the seized food grains on the ground that the same is being destroyed. 5. Having heard counsel for the parties, I direct the petitioner to approach the Collector, Gaya with request to release the - 2 - seized food grains. Until such request is considered by the Collector, Gaya, the authorities are restrained from selling the seized food grains. The learned Collector, Gaya is directed to dispose of the request of the petitioner to release the seized food grains as early as possible, in any case within one month from the date of receipt of the request of the petitioner for release of the seized food grains. Along with the request for release of the food grains petitioner is at liberty to annex the release order of food grains passed by this Court in other cases. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)