IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7271 of 2008 1. RAJENDRA PRASAD S/O LATE KISHUN PRASAD 2. JITTU LAL S/O LATE HARI LAL 3. MAHENDRA LAL S/O LATE HARI LAL 4. SHANKAR PRASAD S/O SRI CHHOTU SAH, ALL R/O VILLAGE- PAKRIBARAWAN, PS- PAKRIBARAWAN, DISTT- NAWADAH 5. KISHORI PRASAD S/O LATE BHATU MAHTO 6. SARJU PRASAD S/O LATE BHATU MAHTO BOTH R/O VILLAGE- DUMRAWAN, PS- PAKRIBARAWAN, DISTT.-NAWADAH--PETITIONERS Versus THE STATE OF BIHAR-----------OPP. PARTY. ----------- 2 16.4.2009 Heard learned counsel for the parties. Petitioners want quashing of the order dated 4.12.2007 by virtue of which 30 tins of Nepali Dalda, 25 tins of Jhula Brand Dalda, 15+ 25= 40 tins of Mustard oil and 2 bags of sugar had been seized for the purported offence for violation of section 7 of the E.C. Act. Submission of learned counsel is that no license is required for these items. He also submits that there is no bar to impart Nepali Dalda and even otherwise he is willing to cooperate with the trial. But no purpose will be served by keeping these perishable items seized in the case. Submission of the learned counsel for the petitioners seems to be correct with regard to perishable nature of the seized items. In that view of the matter, let the above items be released in favour of the petitioners on furnishing due sureties to be fixed by the trial court subject to final decision of the trial. This application is allowed. RPS (Ajay Kumar Tripathi,J.)