IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14272 of 2011 Vivek Kumar Gupta @ Vivek Kumar @ Guddu S/O Naresh Chandra Gupta R/O Aganda Tola Sheikhbigha, P.S.- Belaganj, Distt.- Gaya. . . . . . . Petitioner. Versus 1. The State of Bihar 2. The Block Supply Officer, Belaganj, Gaya. . . . . . Respondents. ----------- 2/ 23.09.2011 In the instant writ application the petitioner prays for release of wheat and rice which has been sized by Block Supply Officer, Belaganj, Gaya giving rise to criminal case bearing Belaganj P.S. case no. 183 of 2011 registered under Section 7 of the Essential Commodities Act. The respondent alleged that the food grains have been illegally lifted from F.C.I. godown. 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 29.06.2005 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 Chief Judicial 2 Magistrate, Gaya for release of the wheat and rice, the learned Magistrate would release the wheat and rice, which were seized in connection with Balaganj P.S. case no.183 of 2011, after being satisfied about the ownership of the foodgrains in question and on furnishing sufficient 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. Uday/ (Samarendra Pratap Singh, J.)