IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.168 OF 2010 SATYA NARAYAN GUPTA, SON OF LATE RAM SWAROOP GUPTA, RESIDENT OF RUNISAIDPUR, P.S. RUNISAIDPUR, DISTRICT SITAMARHI…PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SUPPLY INSPECTOR, BAIRGANIA-CUM-BLOCK SUPPLY OFFICER, DUMRA, SITAMARHI 3. THE COLLECTOR, SITAMARHI……….RESPODNENTS ----------- 2. 04.03.2010 Learned counsel for the petitioner is permitted to add the Collector, Sitamarhi as party respondent no.3 in the case in course of the day. Heard learned senior counsel for the petitioner and learned counsel for the State. In this case 67 bags of sugar was seized from the possession of the petitioner on 08.02.2010 and a case under Section 7 of the Essential Commodities Act (in short, “the Act”) was registered with Sitamarhi Sadar Police bearing Sitamarhi Sadar P.S. Case no.61/2010. Learned counsel for the petitioner submits that the notification dated 14.08.2009 bringing the article into the category of essential commodities requiring a licence for sale was made effective till 8th January, 2010. Thereafter, there was no continuity of the said notification for some time and only on 27th - 2 - January, 2010; another notification was issued as contained in Annexure-3. He submits that this notification has not been published in the Official Gazette and, therefore, the same has not taken effect. Be that as it may, he submits that the seized item is a perishable item and if it is allowed to remain in the custody of the police for long time, its condition may deteriorate and it may become unfit for human consumption. Therefore, he prays that pending confiscation proceeding and criminal case, the seized article may be released in favour of the petitioner on such terms and conditions, as may be fixed. He has referred to an order of this Court contained in Annexure-4 passed in similar circumstances for such release. Learned counsel for the State submits that in case petitioner furnishes sufficient security and fulfils all the terms and conditions which may be imposed by the Collector, Sitamarhi, the seized article may be released in favour of the petitioner without prejudice to the case of the prosecution. In the circumstances, pending confiscation proceeding and the criminal case, - 3 - the Collector, Sitamarhi is directed to release the seized articles in favour of the petitioner on such terms and conditions and on furnishing sufficient security to his satisfaction within a period of one month from the date of receipt/production of a copy of this order. The release will be subject to the result of the confiscation proceeding and criminal case. Petitioner will not take any undue advantage of such release in the confiscation case. The writ application is disposed of with the aforesaid observations and directions. Let this order be sent to the Office of the Collector, Sitamarhi through FAX at the cost of the petitioner. B.T (J. N. Singh, J.)