IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9871 of 2009 SUDHIR KUMAR GUPTA, SON OF LATE RAJ KUMAR GUPTA, RESIDENT OF VILLAGE- SIMRI ROAD, WARSALIGANJ, P.S.- WARSALIGANJ, DISTRICT- NAWADAH, BIHAR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 28.8.2009 Petitioner has been made accused in a case under Sections 419, 420, 482 and 483 of the Indian Penal Code and under Section 63 of Copyright Act, 1957. The allegation is that various types of mobil oil/petrol in plastic containers and other items were recovered from the rest house leased out to the petitioner. It is alleged that he was engaged in illegal business. Learned counsel for the petitioner submits that he is not making a claim for release with respect to items no. 4, 9, 10, 11 and 12 but prays that the other items as described in paragraph 3 of the application filed before this Court should be released. The main reason for pressing this application for releasing those items is that all the items are perishable and can be destroyed by efflux of time and as such they ought to be released to the petitioner. Learned counsel has fairly submitted that at the most the Officer Incharge can be asked to take sample of the items before they are released. Arguments have also been advanced to show that in fact no offence is made out under the Sections that the petitioner has been charged with. However, this aspect needs not to be decided in the present proceeding. In the result, I direct that the items mentioned in 2 paragraph 3 except for item nos. 4, 9, 10, 11 and 12 should be released to the petitioner with the condition that the Court below may direct the Investigating Officer to take sample of oil/grease/petrol/mobil like oil products within a period of two months from the date of receipt/production of a copy of this order subject to the satisfaction of the Court below. The Court below is also directed to send a requisition to the Director, Forensic Science Laboratory, Patna to send the report with respect to the items seized i.e. item no. 4 which is 250 gms. of dust powder rapped in a white paper and item no. 9 which is the sample of 40 litres of mobil like oil within a period of two months from the date of receipt/production of a copy of this order. This application is thus allowed with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)