IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.402 of 2011 SHANKAR KUMAR @ SHANKAR MAHURI, son of Jagdish Prasad, resident of Gurudwara Road, P.S.-Kotwali, Distt.-Gaya. ---Petitioner Versus 1. THE STATE OF BIHAR through the Collector, Gaya. 2. The Block Supply Officer, Manpur, Gaya. ---Respondents ----------- 2. 16.5.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for quashing the seizure of 446 bags of rice i.e. 210 quintal and 135 bags of wheat i.e. 67.75 quintal made on 28.3.2011 by the Block Supply Officer, Manpur, District-Gaya, which gave rise to Kotwali Police Station Case No.73 of 2011 registered for the alleged offence under section 7 of the Essential Commodities Act. In the alternative, the prayer of the petitioner is that the aforesaid seized rice and wheat, which are perishable items, should be released. Learned counsel appearing for the State submits that the release of the seized items cannot be made without verifying the ownership and also on furnishing sufficient security. In the opinion of the Court, keeping the aforesaid rice and wheat under seize for long time may not be justified. Considering the submissions of the parties, it is directed that in case an appropriate application is filed on behalf of petitioner within a period of three weeks in the court of the Chief Judicial Magistrate, Gaya for release of the rice and wheat seized as detailed above in connection with the aforesaid police case, the same shall be - 2 - considered in accordance with law, expeditiously preferably within a period of six weeks and on being satisfied with regard to the ownership over the rice and wheat and also adequate security for the release, the seized items be released in favour of the petitioner, subject to the final outcome of the aforesaid Kotwali Police Station Case No.73 of 2011 and/or confiscation proceeding, if any. The writ application stands disposed of with the above observations/directions. Let this order be communicated to the court of the Chief Judicial Magistrate, Gaya, in connection with Kotwali Police Station Case No.73 of 2011 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)