IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.140 OF 2010 1. VEENA HISARIYA, WIFE OF SRI NIRAJ HISARIYA, RESIDENT OF COURT BAZAR, DUMRA, P.S. AND DISTRICT SITAMARHI, AT PRESENT BHAGWANPUR, P.S. BHAGWANPUR, DISTRICT MUZAFFARPUR 2. BISWANATH PRASAD, SON OF SRI YUGAL PRASAD, RESIDENT OF PROPRIETOR OF NEW VAISANO TRADERS, BAZAR SAMITI, SITAMARHI, P.S. & DISTRICT SITAMARHI………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SITAMARHI 3. THE BLOCK SUPPLY OFFICER, SURSAND, DISTRICT SITAMARHI…………….RESPONDENTS ----------- 3. 15.03.2010 Heard learned senior counsel for the petitioners and learned counsel for the State. By order dated 19.02.2010, three weeks time was allowed to the learend counsel for the State to seek instruction and file counter affidavit. The authorities were restrained from selling the seized pulses in the meanwhile. Learned counsel for the State submits that he has already sent the communications to the District Magistrate, Sitamarhi and the Block Supply Officer, Sursand, District Sitamarhi for instructions, to enable him to file counter affidavit, but he has not received the instructions so far. It appears that petitioner no.1’s - 2 - truck bearing registration No.BR 06G 4840 was seized on 31.01.2010 loaded with 705 bags weighing total 352.50 quintals of pulses. It was suspected that pulses were being transported for black-marketing. Therefore, a seizure was made and a case under Section 7 of the Essential Commodities Act was instituted. Learned senior counsel for the petitioners challenges the institution of the case on the ground that provisions of the Bihar Trade Articles (Licences Unification) Order for trade in pulses have not been made workable by providing license fee and, therefore, petitioner no. 2, who was otherwise dealer in food grains, could not obtain licence for marketing pulses. However, he submits that pulses are perishable item and the confiscation proceeding may take a long time to conclude. Therefore, if the truck and pulses are left in open, their conditions may deteriorate and pulses may become unfit for human consumption causing further scarcity in the market. Therefore, he submits that the same may be released to petitioners on such terms and conditions as the confiscating authority may determine. - 3 - Considering the submissions of the learned counsel for the petitioners, this Court is of the opinion that on account of delay in the proceeding, articles should not be allowed to remain in open air and rot. Therefore, this Court directs the petitioners to file an application before the confiscating authority i.e. Collector, Sitamarhi in the confiscation proceeding for release of the truck and pulses on such terms and conditions, as he may fix. In case such an application is filed by the petitioners within two weeks, the Collector, Sitamarhi shall fix such terms and conditions and security bond, for release of the articles, and, upon petitioners complying with the same, shall pass order for release of the articles within two weeks thereafter. The writ application is disposed of with the aforesaid observations and directions. Let this order be communicated to the office of the Collector, Sitamarhi through FAX at the cost of the petitioners in connection with Sursand P.S. Case No.11 of 2010. B.T (J. N. Singh, J.)