IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.142 OF 2010 1. RAM CHANDRA SAH, SON OF SRI SARYUG SAH, RESIDENT OF BENIPATTI, P.S. BENIIPATTI, DISTRICT MADHUBANI 2. PRADEEP KUMAR AGRAWAL, SON OF SRI RAM AVTAR PRASAD AGRAWAL, RESIDENT OF KANKARBAGH, P.S. KANKARBAGH, DISTRICT PATNA 3. KAMRE ALAM, SON OF ABDUL KUDUS, RESIDENT OF CHAKMASIR, PATELPUR, DISTRICT VAISHALI AT PRESENT RESIDING AT DAMODARPUR, P.S. KANTI, DISTRICT MUZAFFARPUR 4. UTTAM KUMAR AGRAWAL, SON OF SRI MOTILAL AGRWAL, RESIDENT OF HOUSE NO.37, VELL , PAKARIYS, P.O. HARSIDHI, DISTRICT EAST CHAMPARAN, AT PRESENT RESIDING AT BHAGWANPUR, P.S. BHAGWANPUR, DISTRICT MUZAFFARPUR 5. NAND LAL PRASAD, SON OF LATE SATYANARAYAN PRASAD, RESIDENT OF VILLAGE CHILARA, P.O. AND P.S. SONEBARSA, DISTRICT SITAMARHI, PROPRIETOR OF MAA SARSWATI TRADERS, SONEBARSA, SITAMARHI……………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SITMARHI 3. THE BLOCK SUPPLY OFFICER, BELA, DISTRICT SITAMARHI…………………………………………………………..…RESPONDENTS ----------- 3. 12.04.2010 Heard learned senior counsel for the petitioners and learned counsel for the State. Petitioners have filed this writ application for release of four trucks bearing registration nos. (1) BR 06G 1992, (2) BR 1G 3116, (3) RJ14 4076 (4) BR 06G 5119 and pulses and rice loaded thereon which were seized by the Block Supply Officer, Parihar, Bela and a case, namely, Bela P.S. case No.22 of 2010 was registered under section 7 of the Essential Commodities Act on suspicion of transportation - 2 - of the pulses & rice by the said trucks for smuggling. Learned senior counsel for the petitioners submits that the pulses and rice are perishable items and the confiscation proceeding may take a long time and their conditions may deteriorate and they may become unfit for human consumption. He further submits that if the trucks are left lying in open, due to vagaries of nature, their conditions may also deteriorate causing substantial loss to the petitioners. He has referred to an order dated 15.03.2010 passed in Cr.W.J.C.No.140 of 2010 in which under similar circumstances, this Court directed for release trucks and pulses during pendency of the confiscation proceeding before the Collector, Sitamarhi on such terms and conditions as the confiscating authority may fix. In view of the said order, this writ application is disposed of in the same terms and conditions. The orders passed in the said case shall form part of the order passed in this case also. The application filed by the petitioners for interim release of the articles - 3 - and trucks shall be considered by the confiscating authority and an order on the same shall be passed for release of the same within one month from the date of filing of the said application on fulfillment of the terms and conditions and on furnishing security and bond as he may require. The writ application is disposed of with the aforesaid observations and directions. Let this order be communicated to the office of the Collector, Sitamarhi through FAX at the cost of the petitioners in connection with Bela P.S. Case No.22 of 2010. B.T (J. N. Singh, J.)