IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.593 of 2010 1. UPENDRA KUMAR, son of Late Sheo Shankar Prasad Singh, resident of Mirganj, P.S. Wazirganj, Distt.-Gaya. 2. Sochit Singh, son of Sri Ishwari Singh, resident of New Area Patalpur, P.S.-Town, Distt.-Nawada. 3. Jitendra Kumar, son of Late Sheo Shankar Prasad, resident of Mirganj, P.S. Wazirganj, Distt.-Gaya. . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. The Block Supply Officer, Wazirganj, Gaya. . . . . . . Respondents. ----------- 3/ 29.07.2010 Heard learned counsel for the petitioners and the State. In the instant writ application, the petitioners have prayed for quashing the seizure of 112 bags of rice and 223 bags of wheat seized by Block Supply Officer, Wazirganj, Gaya and also prayed for direction to release of seized truck bearing registration no. JH-02L- 4421 in connection with Wazirganj P.S. case no. 107 of 2010 under Section 7 of the Essential Commodities Act. Learned counsel for the petitioners submits that petitioner no.02 is the owner of the truck no. JH-02L- 4421. In my view, the petitioner should file separate application in respect of release of truck before an appropriate forum. Learned counsel for the petitioners further submits that it would appear from the First Information Report that the food grains in question were seized from the petitioners’ godown. He further submits that the main cause of the seizure of the food grains was that the bags carried F.C.I. marks and that in itself will not be conclusive prove of the fact that the food grains are stolen items. Counsel for the State submits that the petitioners have committed an offence under Section 7 of the Essential Commodities Act. - 2 - As the food grains are perishable commodities, this Court directs that if petitioners file a representation before the Chief Judicial Magistrate, Gaya, he will issue direction for release of the same on furnishing adequate sureties, 10 % of which would be in form of cash sureties. The release of the food grains would be subject to criminal prosecution and confiscation case. Let this order be sent to Chief Judicial Magistrate, Gaya through FAX at the cost of the petitioners. Uday/ (Samarendra Pratap Singh, J.)