IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16980 of 2011 Dheeraj Kumar, S/O Late Bisheshar Sao, R/O Mohalla- Surhi Tola, Manpur P.S. Muffasil, District- Gaya. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Rationing Officer, Gaya Town, Gaya. . . . . Respondents. ---------------------------------- 2/ 05.12.2011 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for quashing the seizure of 408 bags of wheat, weighing 204 quintals, 300 bags of rice, weighing 150 quintals and 170 bags of rice, weighing 76.50 quintals, giving rise to Gaya Muffasil P.S. Case no. 138 of 2011 under Section 7 of the E.C. Act. As per prosecution case, the food-grains was being loaded on a truck bearing registration no. BR 2 K 9661. After seeing the raiding party, the driver, Khalasi and others fled away. On raid, the prosecuting party found that the food- grains have been stacked in stitched bags, having marking of Government Scheme. The petitioner submits that storage limit of these food-grains has been abolished in the year 2002. The petitioner further submits that merely because the rice is stored in stitched bags having Government markings, would not in itself is a conclusive proof that the food-grains are one of theft from Government sponsored schemes. The petitioner further submits that the food-grains are perishable items and would rust, if not taken proper care. Counsel for the State opposes the application. Having regard to the fact that the food-grains are - 2 - perishable commodity and the same has been seized from petitioner’s premises, I direct that if the petitioner files an application before Chief Judicial Magistrate, Gaya, he/she 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 Chief Judicial Magistrate, Gaya through FAX at the cost of the petitioner. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)