IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.536 of 2008 VIJAY KUMAR GUPTA Versus THE STATE OF BIHAR & ORS ----------- 3 19.09.2008. Heard learned counsel for the parties. In the instant writ petition, petitioner pray for release of wheat bags seized in connection with Town PS case no. 82 of 2008 instituted under section 7 of the E.C.Act. It is alleged in the FIR that the seized wheat were kept in FCI marked bags and it is believed that the same is stolen property from FCI godown. It is submitted on behalf of the petitioner that the seized wheat were not stolen goods rather it had been purchased from Maa Kali Trading , Food grain Merchant and Commission Agent, Nokha, annexure 2. In view of order of this court, passed on 28.8.2006 in C.W.J.C. No. 7858 of 2006 (Shailendra Kumar and anr vs State and ors) in a similar matter, this Court directs that pending final hearing of the case, the seized wheat would be released in favour of the petitioner after being satisfied about its ownership on furnishing adequate sureties. The seized wheat will be subject to result of confiscation proceeding as well as criminal prosecution, if any. It would be open to the leaned magistrate to keep a small quantity of wheat by way of sample as may be required at the time of hearing of the case. Shashi. (S.P.Singh,J).