IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.775 of 2008 SHAMBHU SAH Versus THE STATE OF BIHAR & ANR ----------- 3 20.10.2008 In the instant writ petition the petitioner prays for release of wheat and rice which has been seized in Kanti P.S.Case No.132 of 2008 under section 7 of the E.C. Act. It is alleged that the seized foodgrains were of government scheme and has been some how illegally sold by the petitioner. Learned counsel for the petitioner submits that the entire prosecution case is based on suspicion and the seized wheat and rice were neither of any government schemes nor were for distribution through Public Distribution System. He submits that pursuant to the notification dated 11.10.2002 foodgrains have been taken out of the purview of the Bihar Trade Articles (Licences Unification) Order, 1984 and the Bihar Essential Articles (Display of Price and Stocks) Order,1977. He submits that in view of the aforesaid notification the prosecution under section 7 of the E.C.Act is bad in law. Learned counsel has relied upon a decision of this court dated 29.6.2005 passed in Cr.W.J.C.No.6957 of 2005. Having heard counsel for the parties, this court directs that if the petitioner files an application before the S.D.J.M .(West), Muzaffarpur for release of the wheat and rice, the learned Magistrate would release the wheat and rice, which were seized in connection with Kanti P.S.Case No.132 of 2008, after being satisfied about the ownership of the foodgrains in question and on furnishing sufficient - 2 - KHAN 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 through fax at the cost of the petitioner. (S.P.Singh,J)