IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.230 of 2011 1. PAPPU GIRI, son of Dharmendra Giri, resident of Village Tarwamangarpal, P.S. Dariapur,District Saran. 2. DAYANAND GIRI, son of Raklakhan Giri, resident of Village Tarwamangarpal, P.S. Dariapur,District Saran. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. Sri Gopal Kumar, Officer, F.C.I., Dariapur Camp, Murtuza, P.S.Dariapur, District Saran. ---Respondents ----------- 2. 1.4.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing of the seizure of different varieties of fertilizer, diesel and wheat seeds on 5.12.2010 made by respondent no.2 giving rise to a criminal case vide Dariapur P.S. Case No.193/2010 registered for the offence under section 7 of the Essential Commodities Act. Alternatively, the prayer is for release of the aforesaid seized items in favour of the petitioners since keeping those items under seizure for a long time may not be justified. Learned counsel appearing for the State opposes the prayer for release of the seized items in question and submits that without verifying/satisfying the ownership of the aforesaid seized items and also in absence of adequate security, the same could not be released. Considering the submissions of the parties, in the opinion of the Court, keeping those aforesaid seized items for a long time till the disposal of the aforesaid Dariapur P.S. Case No.193/2010 and/or confiscation proceeding, if any, may not be justified. In the above circumstances, it will be open for the petitioners - 2 - to make an application in the court of the Chief Judicial Magistrate, Chapra in connection with Dariapur P.S. Case No.193/2010 for release of the aforesaid seized items. In case such an application is filed within a period of three weeks, the same be considered in accordance with law. On considering the relevant documents with respect to the ownership of the seized items in question and on being satisfied with the adequate security furnished by the petitioners, the aforesaid seized items may be released in favour of the petitioners, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of six weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. As prayed for, let a copy of this order be handed over to the learned counsel appearing for the State. Let this order be communicated to the court of the Chief Judicial Magistrate, Chapra in connection with Dariapur Police Station Case No.193/2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)