IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.590 of 2010 SUNIL SINGH Versus STATE OF BIHAR & ORS ----------- 3 30.7.2010 KHAN The petitioner prays for release of seized food grains in Pandarak P.S. Case No.63/10 under section 7 of the E.C.Act. The rice and wheat were admittedly seized from the petitioner’s shop/house. The petitioner submits that the rice and wheat are free sale commodity and he is not a P.D.S. dealer. Learned State counsel submits that wheat and rice were kept in bags, which had F.C.I. mark, and it is believed that the same is stolen property. Having considered the facts and circumstances of the case, this court observes that if the petitioner files an application before the S.D.J.M., Barh for release of the seized food grains in question, the same would be released in favour of the petitioner on his furnishing adequate security to his satisfaction. However, this order will be operative if no order confiscating the food grains in question has been passed. A sample of one such bag would also be retained for the purposes of exhibits in the case, if so required. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J) 2