IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.797 of 2008 KAMLESHWARI PODDAR Versus STATE OF BIHAR & ANR ----------- 3. 18.12.2008. Heard. In the instant writ application the petitioner prays for quashing of seizure 314 bags of rice by the Respondent No.2 Block Supply Officer, Udakishanganj, Madhepura from the shop of the petitioner giving rise to Udakishanganj P.S. Case No. 74 of 2008, registered under Section 7 of Essential Commodities Act. The prosecution case is that the aforesaid rice was stored for the purpose of sale in black-marketing which were illegally manouvered from the S.F.C. godown. However, the petitioner claims that rice and wheat are free sale commodities and they are denotified from the list of Essential Commodities. For the present, this Court is not going to enter into the merit of the allegations. Emphasis has been given with regard to a decision passed by a Bench of this Court (Annexure-3) regarding release of the seized commodities. It is submitted that the rice kept in a sealed godown in Madhepura has been affected by flood also. Having considered the facts and circumstances of the case, if the petitioner files an application before the Collector, Madhepura, he will release the rice in his favour seized in Udakishanganj P.S. Case No. 74 of 2008, after taking appropriate security without much - 2 - delay. 25% of security will be in form of cash security. Let the order of this Court be sent to the Collector, Madhepura, through FAX at the cost of the petitioner. SKBOSE (Samarendra Pratap Singh)