IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14451 of 2009 GAUTAM KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 4.12.2009 Petitioner claims to be the owner of 131 bags of rice, two electronic weighing machines which was seized by the Block Supply Officer, Jehanabad pursuant to which Jehanabad P.S. case No. 347 of 2009 was instituted for an offence punishable under section 7 of the Essential Commodities Act. While seizing, the articles the only allegation was that the inspecting authority had suspicion that the food grains was purchased for black marketing and the only fact in support of such allegation was that some of the bags of rice bore the mark of Food Corporation of India on the basis thereby all this presumption is being drawn. Learned counsel for the petitioner submits that so far the rice is concerned the trade therein is free of licence and there is no storage restricted or movement restricted. The question of black marketing and or supply without authority is wholly misconceived. He further states that merely because the rice was kept in bags of Food Corporation of India does not and could not lead to any inference as being sought to be arrived as those bags are easily available in the market. It is submitted that rice or wheat supplied by Food Corporation of India once sole through the Public Distribution System, bags are sold in open market and purchased by agriculturist. Learned counsel for the petitioner restricts his prayer for release of rice in his favour as being food grains subject to natural decay. Considering this aspect of the matter as noted above, it would not be in the interest of any one to permit the rice to remain seized specially - 2 - when there is no claim that it belonged to any particular dealer or was meant for any particular dealer under Public Distribution System. I, therefore, direct that the seized stocks of rice be released in favour of the petitioner on furnishing adequate sureties to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in relation to Jehanabad P.S. case No. 347 of 2009 subject to the result of the criminal case and confiscation proceeding if any that may be or could have been initiated by the Collector, Jehanabad in this regard. Let the order be communicated to the C.J.M, Jehanabad through fax at the cost of the petitioner. (Navaniti Prasad Singh, J) M.Rahman