IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.784 of 2008 KAMLESHWARI PODDAR, S/O LATE NARSINGH PODDAR, R/O UDAKISHUNGANJ, P.S.-UDAKISHUNGANJ, DISTRICT- MADHEPURA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, UDAKISHUNGANJ, MADHEPURA. ………………RESPONDENTS. FOR THE PETITIONER: N.K. AGRAWAL, SR. ADV., D.N. TIWARI, ADV. & SAKET TIWARY, ADV. FOR THE STATE : A.A.G.-IX ----------- 4 18.05.2009 Heard learned counsel for the petitioner and learned AAG-IX for the respondents. This writ application has been filed for quashing of seizure of 38 bags of wheat and 58 bags of rice weighing 50 kgs. each from the shop of the petitioner. It is stated that the wheat and rice are perishable items and, therefore, if it the remains in custody of the police the same will rot and become unfit for human consumption causing irreparable loss to the petitioner. Learned AAG-IX submits that the criminal proceeding is pending against the petitioner and, therefore, in the proceeding the wheat and rice may be taken up as evidence as the allegation against the petitioner is of black marketing of wheat and rice. However, he submits that since the articles are perishable items the same may be released in favour - 2 - of the petitioner to the satisfaction of Chief Judicial Magistrate, Madhepura subject to final out come of the criminal proceeding against the petitioner. Accordingly, the writ application is disposed of with a direction to the learned Chief Judicial Magistrate, Madhepura to release the seized wheat and rice in favour of the petitioner upon execution of sufficient security and bond to his satisfaction as it may deem fit and proper which shall be subject to final out come of the criminal proceeding against the petitioner. Arvind/ (J.N Singh, J)