IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18580 of 2011 1. Rameshwar Prasad S/O Late Jitan Yadav R/O Village- Kanaudi, Panchayat Pater, Mangrowa Block, Vazeerganj, P.S.- Vajeerganj, District- Gaya Versus 1. The State Of Bihar Through The District Magistrate, Gaya 2. The District Magistrate, Gaya 3. The Sub Divisional Officer, Gaya 4. The District Supply Officer, Gaya 5. The Block Supply Officer, Gaya 2 14.12.2011 The petitioner claims to be the owner of 66 bags of wheat each weighing 45 Kgs seized by the Block Supply Officer, Vajeerganj, Gaya in Vajeerganj P.S. Case No.139 of 2011 dated 4.7.2011 under section 7 of the E.C. Act. As per prosecution case, the allegation is that the petitioner was transporting the food grains on a Pick Up Van to Vajeerganj for sale in black market. The petitioner submits that no licence is required in dealing in wheat in view of de-notification in the year 2002. Further more, there is no statutory price fixation and the allegation of black marketing is based on suspicion and surmises. The prayer of the petitioner in effect is to release the seized wheat. As the wheat is a perishable commodity, no useful purpose would be served by keeping it under seizure for a long time. Having heard learned counsel for the parties, this court observes that if the petitioner files an application before the Chief Judicial Magistrate, Gaya for release of 66 bags of wheat each weighing 45 Kgs seized by the Block Supply Officer, Vajeerganj, Gaya in Vajeerganj P.S. Case No.139 of 2011, he would release the 2 same after being satisfied about ownership of the foodgrains in question, on furnishing adequate security, 10% of which in form of cash security, to his satisfaction. It is made clear that the release of the foodgrains in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the Chief Judicial Magistrate, Gaya through fax at the cost of the petitioner. KHAN (S.P. Singh,J)