IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15381 of 2011 Sudhir Sharma, S/O Sri Sheo Bachan Sharma, R/O Chadhta, P.S.- Belaganj, District- Gaya. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Marketing Officer, Belaganj, Gaya. . . . . Respondents. ----------- 2/ 12.10.2011 In the instant writ application, the petitioner prays for quashing seizure of 49 bags of wheat, each containing 50 Kgs., weighing 24.50 quintals and 380 bags of rice, each containing 50 Kgs weighing 190 quintals and also 105 bags of rice, each containing 45 kgs weighing 47.25 quintals (total rice weighing 237.25 quintals), seized by Marketing Officer, Belaganj, Gaya in Belaganj P.S. case no.187 of 2011, registered under Section 7 of the Essential Commodities Act. The petitioner submits that he is not a P.D.S. dealer and he has purchased the rice and wheat from open market. He further submits that the rice is a denotified commodity and there is no storage limit on its purchase. On the other hand, learned counsel for the State submits that the circumstance would show that the rice has been illegally lifted from the Government Godown. As the petitioner has prayed for release of rice and wheat on furnishing of adequate security, this Court is not inclined to go into the merit of the rival claims of the parties. The rice and wheat is perishable commodity and would deteriorate in substance, if it remains under seizure, unused. In the circumstances, if the petitioner files an application before the Sub-Divisional Judicial Magistrate, Gaya, 2 he would release the same on furnishing of adequate security, 5% of the sureties would be in form of case sureties. The release would be subject to result of the criminal prosecution or confiscation proceeding if any. This application stands disposed of. Let the order be communicated through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)