IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8229 of 2010 RAVINDRA KUMAR & ANR Versus THE STATE OF BIHAR & ORS with CWJC No.8733 of 2010 RAVINDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 18.5.2010 These two cases relate to Sarai P.S.Cse no.46 of 2010 dated 23.4.2010 in relation to seizure of rice and public carrier truck bearing registration no. BR-!G-5551 on which rice was loaded. They were seized allegedly on the ground that 3-4 bags of rice were alleged to be of government stocks and as such a case was instituted under Section 7 E.C.Act read with Section 420,414 and 120 IPC. Petitioners seek release thereof. Mr. N.K.Agrawal, learned Senior counsel appearing for the petitioners submits that as would be evident from seizure list, stitching materials were also found in the godown. He submits that the rice , as brought from agriculturist and other sources, are re-packed in good bags, which are almost discarded earlier and purchased from market, which have the marking of earlier supply. That by itself would not constitute any criminal act. It is next alleged that those bags appertain to any particular government stock . Be that as it may, considering the facts that the rice 2 is a perishable commodity and the truck is a commercial good no useful purpose would be served by their continuance seizure. Both would detoriate materially and in value. In that view of the matter, I direct that on proper identification the rice and the truck, in question, be released to their respective claimants on furnishing proper sureties to the satisfaction of learned C.J.M., Vaishali at Hajipur before whom the aforesaid case is pending, subject to result of criminal case and confiscation proceedings, if any to be initiated by the Collector, Hajipur. With the aforesaid observations and directions, the writ petitions stand disposed of. Let a copy of this order be sent to learned C.J.M.,Vaishali at Hajipur by FAX at the cost of the petitioners. singh ( Navaniti Prasad Singh, J.)