IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20387 of 2011 Gopal Prasad Agrawal @ Gopal Prasad Versus The State Of Bihar & Ors ---------------------------------- 2 22.12.2011. The petitioner prays for release of 745 bags of rice, weighing 372.50 quintals and 32 bags of wheat, weighing 14.75 quintals, seized in a case registered under section 7 of the EC Act bearing Harsidhi Police Station Case No. 68 of 2011. Godown of the petitioner was inspected and aforesaid food grains had been found kept in FCI marked bags. The petitioner submits that the food grains are decontrolled commodity and there is no cap on its price nor there is any storage limit. He further submits that FCI marked bags are available in market, as such, food grains kept in such bags cannot be said to be of FCI. The petitioner submits that food grains are perishable commodity, so no useful purpose would be served in keeping the same in custody of police. In the facts and circumstances of the case, if the petitioner files a petition before the Chief Judicial Magistrate, East Champaran at Motihar, he would pass order for release of the food grains to its owner on 2 furnishing of sureties to his satisfaction, 5% of which would be in form of cash surety. Release of the food grains would be subject to the result of confiscation proceeding/criminal proceeding. Let this order be communicated to the Chief Judicial Magistrate, East Champaran at Motihari through FAX at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)