IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.463 of 2011 Chandan Sao Versus The State Of Bihar & Ors ----------- 02. 27.07.2011 Heard learned counsels for the petitioner and the State. The prayer of the petitioner is for quashing the search and seizure of 125 bags of rice in connection with Lakhisarai (Kawaiya OP) P.S. Case No. 404 of 2010 corresponding to G.R. No. 1006 of 2010 registered for the alleged offence under Section 7 of the Essential Commodities Act. Petitioner alternatively prayed for release of the rice in favour of petitioner. Learned counsel for the State opposes the prayer of the petitioner and submits that the wheat 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 rice for a long time may not be justified especially the rice which is perishable in nature. In the above circumstances, it will be open for the petitioner to file an application before the court concerned for release of the aforesaid rice. In case such application is filed within a period of three weeks, the same would be considered in accordance with law and on being prima facie satisfying with claims of the petitioner over the seized rice as well as on furnishing adequate security, the rice in question, be released in favour of the petitioner subject to the final outcome of the aforesaid police case/confiscation proceeding, if any. With the aforesaid observations/directions, this writ petition stands disposed of. Let this order be communicated to the court of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kawaiya) P.S. Case No. 404 of 2010 corresponding to G.R. No. 1006 of 2010 through fax at the cost being deposited by the petitioner. Jagdish/- ( Shailesh Kumar Sinha,J.)