IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.736 of 2010 RAGHUNATH SAO Versus THE STATE OF BIHAR & ORS ----------- 3 7.10.2010 Heard counsel for the petitioner and the State. The petitioner prays for release of rice which was seized in connection with Dumaria P.S. Case No.7 of 2010 dated 18.3.2010 under section7 of the Essential Commodities Act. The petitioner is a P.D.S. dealer. On 17.3.2010 he purchased 560 bags of rice from Pir Baba Gala Bhandar and loaded it on Truck No.BR-53-6139 for delivery at Narayanpur Magara, as would be evident from Annexure-1. The petitioner has also paid Agriculture Produce Market Tax amounting to Rs.7845 vide receipt no.32931 dated 17.3.2010,a copy of which is at Annexure-2. The seller of rice also issued a challan of truck vide chalan no.50 dated 17.3.2010, as contained in Annexure-3. Learned counsel for the petitioner in support of his contention relied upon a decision of this court in the case of Santosh Kumar & anr Vs State of Bihar & Ors, reported in 1990(2) P.L.J.R. 520 wherein it has been held that the seizure of rice in transit on violation of Bihar Foodgrains (Movement Control) Order, 1957 having been rescinded by the Government in1973 itself, any action subsequent to that is absurd and illegal. He further submits that the rice which was being carried out in the bags having F.C.I. marks can not show that the same has 2 KHAN been brought from the F.C.I. godown. He further submits that some cutting has been made in his statement recorded by the Supply Inspector, Dumaria. Counsel for the State submits that there is no cutting in the statement of the petitioner and latter specifically stated that the rice was being brought from the F.C.I. godown. He further submits that confiscation case has begun. Having regard to the facts and circumstances of the case, this court directs that if the petitioner files an application before the Chief Judicial Magistrate,Gaya for release of the seized rice, the learned Magistrate would release the same, which was seized in connection with Dumaria P.S. Case No. 7 of 2010, in his favour after being satisfied about the ownership of the rice in question and on furnishing sufficient security to his satisfaction, 5 % of which would be in form of cash security. It is made clear that the release of the rice 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)