IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.399 of 2011 Mannu Sao Versus The State Of Bihar & Anr. ----------- 02. 04.07.2011 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the seizure of 576 bags of rice, each of 50 kgs., weighing 288 quintals, and 62 bags of wheat, each of 50 Kgs., weighing 31 quintals made by the Supply Inspector (Rationing), Patna in connection with a case registered under Section 3/7 of the Essential Commodities Act bearing Digha P.S. Case No. 43 of 2011. Petitioner alternatively prayed for release of the wheat and rice in favour of petitioner. Learned counsel for the State opposes the prayer of the petitioner and submits that the wheat and rice 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 rice for a long time may not be justified especially the wheat and rice which are perishable in nature. In the above circumstances, it will be open for the petitioner to file an application before the S.D.J.M. Patna for release of the aforesaid wheat and rice. In 2 case such application is filed, the same would be considered in accordance with law and upon such satisfaction on furnishing adequate security, the wheat and rice in question be released in favour of the petitioner. Such consideration be made within a period of two weeks on filing application after serving a copy to the counsel for the State. 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 communication to the court of S.D.J.M. Patna in connection with Digha P.S. Case No. 43 of 2011 through fax at the cost being deposited by the petitioner. Jagdish/ ( Shailesh Kumar Sinha, J.)