IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.897 of 2010 1. PAWAN KUMAR AGRAWAL & 2. SANTOSH KUMAR AGRAWAL Versus STATE OF BIHAR & ORS ----------- 3 01.10.2010. Heard learned counsel for the parties. The petitioners have prayed for quashing the seizure of 159 packets of wheat, each of 60 kg and 89 packets of rice, each of 60 kg made on 21.5.2010 by the Supply Inspector, Imamganj, Gaya giving rise to Imamganj Police Station Case No. 28 of 2010 u/s 7 of the E.C. Act. Petitioner has also prayed for release of the aforesaid seized materials. Learned counsel for the petitioners submits that the wheat, rice and paddy were purchased by the them from open market and there is no need of any licence nor there is any storage limit for the aforesaid items. He further submits that confiscation proceeding has already been initiated in this regard and no purpose would be served in allowing it to be in seizure of the State functionaries. In the facts of the case, the writ petition is disposed of with direction that if the petitioner files an application before the Sub-divisional Judicial Magistrate, Sherghati, Gaya, the learned Magistrate would release the food grains on due verification on furnishing adequate surety, 5 percent of which would be in form of cash surety. Release of food grains would be subject to the result of criminal prosecution/ confiscation proceeding. Let this order be communicated to the court above through FAX at the cost of the petitioner. Shashi. ( Samarendra Pratap Singh, J.)