IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7064 of 2010 1. ADITYA KUMAR S/O RAM BABU PRASAD R/O VILL.- AKBAR MALAHI, P.S.- SARAI, DISTT.- VAISHALI 2. ASHUTOSH KUMAR S/O RAM BABU PRASAD R/O VILL.- AKBAR MALAHI, P.S. SARAI, DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE BLOCK SUPPLY OFFICER BHAGWANPUR, VAISHALI ----------- 3 10.5.2010 Mr. N.K.Agrawal, learned Senior Counsel restricts the prayer in the writ petition to release the seized commodities being wheat and rice and a TATA 407 truck bearing registration no. 06G-9675 for which a criminal prosecution was also initiated. It appears that a confiscation proceeding was initiated by the Collector, Vaishali at Hajipur in respect of seized commodities and the truck. Notices were directed to be issued but without the notice having been served, the Collector passed the order of confiscation of the goods. Petitioner then filed a statutory appeal in terms of Section 6 ( C ) of the E.C.Act before the District Judge, Vaishali at Hajipur, who has admitted the appeal and stayed the order but has passed no order for release of the commodities. Petitioner states that no order of confiscation could have been passed in the manner in which it has been done. The commodities are free sale commodities requiring no licence and has been seized only on suspicion and surmises. The commodities being perishable and the truck being commercial 2 goods it could not be in the interest of any person to remain them to be seized and prays for release thereof. Having considered the matter I direct that subject to result of the confiscation appeal, as filed and pending before the District Judge, Vaishali at Hajipur being Criminal Appeal no. 11 of 2010 ( arising out of Sarai P.S.Case no. 20/2010), the learned District Judge, Vaishalia at Hajipur , the goods, as per seizure list, be released to the petitioners on proper identification, subject to the result of the criminal appeal and the confiscation case. With the aforesaid observations and directions, the writ petition stands disposed of. Let a copy of this order be communicated to the learned District Judge, Vaishali at Hajipur at the cost of the petitioner . singh ( Navaniti Prasad Singh, J.)