IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.W.J.C. No.10 of 2011 1. Rajesh Kumar @ Mukesh Kumar, son of Madan Prasad Gupta, resident of Ram Nagar, P.S. Khagaria, District –Khagaria. 2. Arbind Kumar, son of Kanhiya Lal, resident of Mohalla Vidya Dhar, P.S. Khagaria, District Khagaria ---Petitioners Versus 1. The State of Bihar. 2. Supply Inspector/Marketing Officer, Khagaria, District Khagaria. ---Respondents ----------- 2. 18.3.2011 Heard learned counsel for the petitioners and the learned Standing Counsel No.16 appearing on behalf of the State. The petitioners pray for quashing of the seizure of 788 bags of wheat and 52 bags of rice made by respondent no.2 in connection with Khagaria (Mufassil) P.S. Case No.433/2010, vide G.R. No.1527/2010, under section 414 of the Indian Penal Code and section 7 of the Essential Commodities Act. Alternatively, the prayer is for release of the aforesaid seized articles in favour of the petitioners on satisfying the ownership of the seized wheat and rice and also on furnishing adequate security, subject to the result of the aforesaid criminal case and/or confiscation proceeding, if any. Learned counsel appearing for the State opposes the prayer for release of the aforesaid seized articles and submits that the same may not be released in absence of adequate security. Considering the submissions of the parties, this Court is of the opinion that continuing the seizure of the aforesaid wheat and rice in question for a long time may not be justified. - 2 - In the above circumstances, it will be open for the petitioners to file an application before the court of the Chief Judicial Magistrate, Khagaria for release of the seized wheat and rice in question. In case such an application is filed within a period of three weeks, the same may be considered in accordance with law and upon due satisfaction with respect to the ownership of the seized wheat and rice in question and on furnishing adequate security, the aforesaid wheat and rice be released in favour of the petitioners, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of four weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. As prayed for, let a copy of this order be handed over to Mr. Kameshwar Prasad Gupta, learned Standing Counsel No.16. Let this order be communicated to the court of the Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.433/2010, vide G.R. No.1527/2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)