IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.20752 OF 2011 AMIT NAYAK @ AMIT KUMAR NAYAK S/O SRI UMESH NAYAK, TIWARI TOLA, WARD NO. 33, POLICE STATION AND DISTRICT- SAHARSA. VERSUS 1. THE STATE OF BIHAR & 2. THE BLOCK SUPPLY OFFICER, SOUR BAZAAR, SAHARSA. ---------------------------------- 2 23.12.2011. Heard learned counsel for the parties. In the instant writ application, the petitioner prays for quashing seizure of 200 bags of wheat each containing 50 kilograms, totalling 100 quintals and 7 bags of rice each containing 50 kilograms, totalling 3.50 quintals, seized by Block Supply Officer, Saur Bazar, Saharsa on 12.10.2011 giving rise to Sadar P.S. case no.493 of 2011 under Section 7 of the Essential Commodities Act. According to the prosecution case, the rice and wheat belong to FCI and have been stolen from the Government Godown, as they are stacked in stitched bags, having marking of Government Scheme. The petitioner submits that storage limit on these food- grains has been abolished in the year 2002. He further submits that the food-grains are perishable commodity and no useful purpose would be served in keeping the same under seizure. 2 In the circumstances, if the petitioner files an application before Sub-Divisional Judicial Magistrate, Saharsa, he would release the food-grains on adequate sureties, 5 % of which would be in form of cash deposit. The release would be subject to criminal prosecution / confiscation proceeding, if any. Let the order be communicated to the Court of Sub- Divisional Judicial Magistrate, Saharsa through FAX at the cost of the petitioner. This application stands disposed of. Shashi. (Samarendra Pratap Singh,J.)