IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.W.J.C. No.477 of 2011 1. Soyeb Alam, son of Saukat Ali, resident of Kanhaiya Bari, P.S. Kochadhaman, District Kishanganj. 2. Manoj Kumar Bhagat, son of Bhagwan Dayal Bhagat, resident of Jokihat, P.S.Jokihat, District Araria. 3. Abdul Majid, son of Late Md. Yasin, resident of Pugalpir, Naya Basti, P.S. Chakuliya, District North Dinajpur (W.B.) ---Petitioners Versus 1. The State Of Bihar through the Secretary, Food and Civil Supplies. 2. The Supply Inspector Cum Block Supply Officer, Kochadhaman. ---Respondents ---------------------------------- 2. 29.7.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing the seizure of 780 bags of rice, each of 50 Kgs., weighing 390 quintals, 8 bags of wheat, each of 50 Kgs., weighing 4 quintals and 568 bags of rice, weighing 263.90 quintals and a Bolero pick-up van bearing No.WB-65-9775 by the Supply Inspector Cum Block Supply Officer, Kochadhaman made on 11.4.2011 giving rise to a criminal case vide Kochadhaman Police Station Case No.47/2011 registered for the offence under section 7 of the Essential Commodities Act and sections 413, 414, 420 and 120B of the Penal Code. Alternatively, the prayer is for release of the aforesaid 780 bags of rice and 8 bags of wheat in favour of petitioner no.1, 568 bags of rice in favour of petitioner no.2 and aforesaid Pick-up van in favour of petitioner no.3 since keeping those articles/vehicles under seizure for a long time may not be justified. Learned counsel appearing for the State opposes the - 2 - prayer for release and submits that without verifying/satisfying the ownership of the aforesaid seized articles/vehicle and also in absence of adequate security, the same could not be released. Considering the rival submissions of the parties, this Court is of the opinion that the continuing the seizure of the aforesaid articles/vehicle for a long time may not be justified, especially the wheat and rice which are perishable in nature. In the above circumstances, it will be open for the petitioners to file an application in the court of the Chief Judicial Magistrate, Kishanganj for release of the aforesaid rice and wheat and the vehicles in question. In case such an application is filed within a period of three weeks, the same be considered in accordance with law. On considering the relevant documents with respect to the ownership of the aforesaid articles and vehicle in question and on being satisfied with the adequate security furnished by the petitioners, the aforesaid 780 bags of rice, each of 50 Kgs., weighing 390 quintals and 8 bags of wheat, each of 50 Kgs., weighing 4 quintals be released in favour of petitioners no.1 and 568 bags of rice, weighing 263.90 quintals in favour of petitioner no.2 and one Bolero pick-up van bearing No.WB-65-9775 in favour of petitioners no.3, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of two weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into - 3 - the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. Let this order be communicated to the court of the Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman Police Station Case No.47/2011 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)