IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1160 of 2010 1. ANIL PRASAD @ ANIL KUMAR SON OF SHEOJI PRASAD, RESIDENT OF RAMGARHWA, P.S. RAMGARHWA (RAXUAL) DISTRICT EAST CHAMPARAN. 2. SANJEEV KUMAR SINHA, SON OF KAPLESHWAR SAHAY RESIDENT OF SALAM 36 (SALAM AREA), P.S. KANKARBAGH, DISTRICT PATNA. 3. MD. YONUS SON OF HAZI MANJAR HUSSAIN, RESIDENT OF NAKARDAI, P.S. NAKARDAI, DISTRICT EAST CHAMPARAN. 4. SAMPAT SAH, SON OF SRI TULSI SAH RESIDENT OF OJHA PHULWANA, P.S. SUGAULI, DISTRICT EAST CHAMPARAN. Versus 1. STATE OF BIHAR 2. THE BLOCK SUPPLY OFFICER, RAXUAL, EAST CHAMPARAN. ----------- 02. 07.12.2010 Heard learned counsel for the petitioner and the State. Petitioners pray for quashing the seizure of 401 bags of wheat and the three trucks bearing Truck Nos. BR-01GA/4800, HR-38J/5312 and BR-1G/4733, made by the Block Supply Officer, Raxual, East Champaran in connection with a case registered under Section 7 of the Essential Commodities Act bearing Ramgarhwa P.S. Case No. 153 of 2010. Petitioners alternatively prayed for release of the wheat in favour of petitioner no. 1 and the aforesaid trucks in favour of petitioner nos. 2 and 3 respectively. 2 Mr. J.P. Karn, learned Additional Advocate General No. 9 appearing for the State opposes the prayer of the petitioner for release of the wheat and aforesaid trucks and submits that even if the trucks are released, the wheat however, could not be released in absence of adequate security. Considering the rival submission of the parties, this court is of the opinion that continuing the seizure of the aforesaid wheat and the trucks for a long time may not be justified especially the wheat which are perishable nature. In the above circumstances, it will be open for the petitioner to file an application before the S.D.J.M., Raxual, East Champaran for release of the aforesaid wheat and the trucks. In case such application is filed, the same would be considered in accordance with law and upon such satisfaction on furnishing adequate security, the wheat in question be released in favour of petitioner no. 1 as also the trucks be released in favour of petitioner nos. 2,3 and 4 on furnishing the satisfactory documents with regard to the ownership of the trucks as also the adequate security. Such consideration be made within a period of two weeks on filing application after serving a copy to the Counsel for the State. 3 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 proceedings against the petitioners. With the aforesaid observations/direction, this writ petition stands disposed of. Let this order be communicated to the S.D.J.M., Raxual, East Champaran in connection with Ramgarhwa P.S.Case No. 153 of 2010 through Fax at the cost of the petitioners. Jagdish/ ( Shailesh Kumar Sinha, J.)