IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9509 of 2009 PAPPU KUMAR Versus THE STATE OF BIHAR & ORS 4 4.9.2009 KHAN Heard counsel for the petitioner and the State. The petitioner prays for quashing the seizure dated 9.7.2009 by the Block Supply Officer in a case under section 7 of the E.C. Act and section 414 of the Penal Code in Paroo P.S. Case No.110 of 2009 and for release of 375 bags of rice each containing 50 Kgs & 169 bags of wheat each containing 50 Kgs. in favour of the petitioner. Learned counsel for the petitioner submits that neither there is any storage nor any movement restriction on the food grains seized. There is also no statutory price fixation under the E.C. Act and as such there is no question of sale of the same in the black market. However, confiscation proceeding has been started. Having heard counsel for the parties and in view of various orders passed by this court in similar cases, this court directs that pending final adjudication of the confiscation proceeding, the food grains in question would be released to the petitioner on furnishing adequate security, 10% of which would be in form of cash security which were seized in connection with Paroo P.S. Case No.110 of 2009. However, the release would be subject to the result of the confiscation proceeding. With the aforesaid observation and direction, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J) - 2 -