IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9717 OF 2009 BANARASI RAM, DANIYAPUR KURI, MOHANIA VERSUS THE STATE OF BIHAR & COLLECTOR KAIMUR ----------- 3 19.08.2009. Heard learned counsel for the parties. The food grains of he petitioner was seized by the Block Supply Officer giving rise to Mohania Police Station case no. 264 of 2007 under sections 406,420 of the Indian Penal Code and the 7 of the Essential Commodities Act. Learned counsel for the petitioner states that that wheat and rice are free sale commodities and there is no storage limit in respect of the same. He further submits that the Collector, Kaimur at Bhabua before initiating proceeding ought to have seen whether there is any violation of Control order or not. Consequently two statutory appeals were filed before the District Judge, Kaimur at Bhabua for release of tractor and food grains in question. The Appellate Authority had set aside the order so far as it related to confiscation of tractor. So far as confiscation of food grain is concerned matter was remanded for reconsideration. After hearing the parties and also taking into consideration that the food grain seized from the premises of the petitioner is perishable commodity Collector, Kaimur at Bhabua would conclude confiscation proceeding within one month from the date of receipt/production of a copy of this order in view of remand of the case by District Judge in appeal. In case, the proceeding does not conclude within aforesaid period, then on application filed by petitioner, seized food grains would be released on furnishing of adequate sureties, 10 percent of which would be in terms of cash surety. Let this order be faxed to the court of Sub Divisional Judicial Magistrate, Bhabua at the cost of the petitioner. shashi. (Samarendra Pratap Singh,J).