IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2067 of 2010 1. SANJAY KUMAR S/O SRI PHUDENA SAH R/O TULSI MOHANPUR, P.S SAKRA, DISTT- MUZAFFARPUR 2. AMIT KUMAR S/O RAMBRIKSH SAH R/O SIRAJABAD, P.S SAKRA, DISTT- MUZAFFARPUR 3. RAGHUNATH SAH S/O RAJENDRA SAH R/O SARMASTPUR, P.S SAKRA, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE MARKETING OFFICER, SADAR, MUZAFFARPUR ----------- 2 4.3.2010 Mr.N.K.Agrawal, learned Senior Counsel restricts the prayer in this application to the release of rice and pick-up van, which are subject matters of seizure dated 6.1.2010 pursuant to which Sakra P.S.Case no. 2 of 2010 has been instituted under Section 7 of E.C.Act and is pending before the Sub-divisional Judicial Magistrate, East Muzaffarpur. On 6.1.2010, 40 bags of rice were seized from pick-up van being registration no. BR-1AH- 6610 and 40 bags were seized from the house of one Raghunath Sah. The total weight of rice seized was 40 quintals and it is alleged that as they are packed in gunny bags marking FCI, they appear to be of government stock. In the FIR, it is not alleged as to which government scheme the rice belongs to and merely because of bags marking FCI and failure to produce purchase and sale thereof, the seizure has been effected and allegation made. Mr. N.K.Agrawal submits that so far as rice is concerned, it is totally de-controlled and de-regulated commodities having no price control nor distribution control, no licence is required and the seizure has been effected merely on basis of suspicion and 2 surmises. Be that as it may, without going into the merit of the allegation as rice is perishable commodity and pick up van is a commercial commodity ; both are liable to deterioration , if allowed to remain in custody, I direct that the same be released to the petitioner on proper identification by the learned Sub-divisional Judicial Magistrate, East Muzaffarpur on security to be fixed by him , which release would be subject to the result of the criminal case and the confiscation proceeding ,if any. With the aforesaid observations and directions the writ petition stands disposed of. Let a copy of this order be sent to learned Sub-divisional Judicial Magistrate, East Muzaffarpur through FAX at the cost of the petitioner. Singh (Navaniti Prasad Singh, J.)