IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50574 of 2008 Prem Chandra Prasad, son of Late Biran Sah, village Laghunaha, P.S. Chautarwa, District West Champaran – Petitioner. Vs. The State of Bihar. 3 13.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for release of 270 bags of wheat which were seized in connection with Bagha PS Case No. 248/2008. The petitioner who is a farmer moved before the Additional Chief Judicial Magistrate, Bagha for release of the seized wheat. The Magistrate rejected the application by order, dated 28.7.2008 on the ground that the wheat was being transported to be sold in black market. Learned counsel for the petitioner submitted that the truck has already been released in favour of its owner. It is further submitted that in several judgments of this court it has been held that the Bihar Trade Articles (Licenses Unification) Order, 1984 has been withdrawn by the Government in the year 2002 and as such there is no restriction on food grains. Therefore, there cannot be any violation of any order passed under section 3 of the aforesaid Act. The case of the petitioner is that he was taking the wheat to be sold to the Government Purchase Centre at Bagha when the same was seized by the informant. The driver of the truck who had no knowledge of law and violation of any Act could not explain to the informant that 1984 2 Act was no longer in force and as such the petitioner has to suffer on account of the seizure. It is also submitted that the wheat has not been kept in proper place and could be destroyed by insects etc. and it would be a waste of national property if the seized wheat is allowed to lie in the police station. The cases which are relevant on this issue are Tara Pado Ghosh vs. State of Bihar, 1990 (2) PLJR 602, Chamari Ram vs. State of Bihar, 1980 BLJR 143 and two unreported judgment of this court in the cases of Suresh Prasad vs. State of Bihar (Cr. WJC No. 1142/2008 disposed of on 19.3.2009) and Shriram Rai vs. State of Bihar (Cr. Misc. No. 14285/2004 disposed of on 2.1.2006). In all these cases the entire criminal prosecution has been quashed. In the circumstances I see no reason why the seized wheat should not be released in favour of the petitioner, specially when it is admitted by all concern that the wheat belongs to him. Accordingly this application is allowed and the Additional Chief Judicial Magistrate, Bagha is directed to release the seized wheat in favour of the petitioner to its own satisfaction. haque (Sheema Ali Khan, J.)