IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1183 of 2010 1. BHOLA SAO SON OF LATE BARUH SAO 2. SHAMBHU KUMAR SON OF LATE RAGHUNANDAN SINGH, RESIDENTS OF VILLAGE TITAI BIGHA, P.S. PARAS BIGHA, DISTRICT- JEHANABAD Versus 1. STATE OF BIHAR 2. THE BLOCK SUPPLY OFFICER, MAKHDUMPUR ----------- 3 30.03.2011 Heard learned counsels for the petitioners and the State. The prayer of the petitioners is for quashing of the seizure of 60 bags of wheat each containing 50 Kg. And a pickup van (Bolero) Bearing No. BR 25A-2631, seized by the Block Supply Officer, Makhdumpur, in connection with Makhdumpur P.S. Case No. 253 of 2010 under section 7 of the Essential Commodities Act. Petitoner no.1 is the owner of the seized wheat and the pettioner no.2 is the owner of the vehicle in question. Petitioners alternatively prayed for release of the wheat in favour of petitioner no.1 and the afroesaid vehicle in favour of the pettioner no.2 respectively. Learned counsel for the State submits that without satisfying the ownership and furnishing adequate security, no release can be effected. Considering the submissions of the parties, this Court is of the opinion that continuing the seizure of the aforesaid wheat and the vehicle for a long time may not be justified. In the above circumstances, petitioner is permitted to make an appropriate application in the Court of Chief Judicial Magisatrate, Jehanabad within a period of two weeks for release of the seized items. In case such application is filed, the same be considered in accordance with law and upon satisfying the ownership and furnishing adequate security, the wheat in qeustion be released in favour of the pettioner no.1 as also the pickup van (Bolero) be released in favour of petitioner no. 2 on furnishing the satisfactory documents with regard to the ownership of the vehicle as also the adequate security. Such Consideration be made within a period of two weeks on filing application after serving a copy to the counsel for the State. It is, however, made clear that this Court has not gone into the merits of the case and the aforesaid release shall be subject to the final outcome of the aforesaid police case/confiscation proceeding, if any. The writ application accordingly stands disposed of with the above observations/directions. The order may be communicated to the Court of Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 253 of 2010 through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)