IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.706 of 2008 SHAMBHU SAH & ANR Versus THE STATE OF BIHAR & ANR ----------- 3 16.9.2008 In the instant writ petition the petitioner no.1, who claims to be the owner of food grains namely wheat in question and the petitioner no.2, who claims to be the owner of Pick Up Van bearing registration no.BR-06F-8101, pray for release of the aforesaid food grains and Pick Up Van in their favour which were seized in connection with Kanti P.S.Case No.134 of 2008 under section 7 of the E.C.Act. It is alleged that the aforesaid Van loaded with 50 bags of wheat with F.C.I. mark were found abandoned near Narsanda Chowk. It is further alleged that the aforesaid food grains were stolen from the F.C.I. godown which were kept for distribution to P.D.S. dealer. In view of the relief prayed for by learned counsel for the petitioners, this court would not like to go into the merit or otherwise of the allegations made in the F.I.R. which would be a matter of investigation. It will suffice to state that the foodgrains are perishable commodities and if it is not kept properly, the same would be perished in absence of due care. In the circumstances, this court directs that if the petitioner no.1 files an application before the S.D.J.M.(West), Muzaffarpur for release of the foodgrains, the learned Magistrate after verifying the claim of ownership and documents would release the same in favour of petitioner no.1 after obtaining appropriate security. Similarly, if the - 2 - KHAN petitioner no.2 files an application before him for release of the aforesaid vehicle bearing registration no.BR-06F-8101, the same would be released in his favour after verifying its ownership and on furnishing adequate security to his satisfaction. The learned Magistrate may withhold a small quantity of wheat in one of the aforesaid bags by way of sample for being used in the instant case, if it is so required. The petitioner no.2 will give an undertaking that he will produce the vehicle in question if it is required in course of the proceeding of this case. It is made clear that the release of food grains and the Vehicle in question will be subject to the result of the criminal proceeding. (S.P.Singh,J)