IN THE HIGH COURT OF JUDICATURE AT PATNA CR. W.J.C. NO.291 OF 2010 RAMJEE PRASAD KESHARI, SON OF SRI BANSI PRASAD, RESIDENT OF RAJGOLA, DUMRAON, DISTRICT BUXAR………………………………………...PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE BLOCK SUPPLY OFFICER, DUMRAON, BUXAR………………………………………………..………RESPONDENTS -------- 2. 26.04.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. This application has been filed by the petitioner for release of sugar seized from his business premises on 22nd January, 2010 on the ground that on that date petitioner had no valid licence for sale and purchase of sugar. Learned senior counsel for the petitioner submits that admittedly, petitioner had valid licence till 31st December, 2009 but before expiry of the period of the said licence, he had applied on 28.12.2009 for its renewal by depositing the requisite fee. Learned counsel submits that in fact, the law in respect of the licence for sale and purchase of sugar expired on 8th of January, 2010 and the same was renewed only on 27th December, 2009. In between this period, there - 2 - was no valid law to restrict the trade in sugar. Therefore, in between this period, no licence was required under the law for sale and purchase of sugar by a dealer. He submits that in any case, petitioner had applied before expiry of the period of licence which remained pending with the respondents. In the meanwhile, business premises of the petitioner was raided and sugar was seized on 21.01.2010 on the ground that he had no valid licence. Be that as it may, now that the case has been instituted for the offence punishable under Section 7 of the Essential Commodities Act, the same has to take its own course. Considering the fact that the sugar is a perishable item and it is needed by the society and if seized sugar is not released, there may be scarcity in the locality, this Court is of the view that the same may be released in favour of the petitioner. In the circumstances, this writ application is allowed. The respondent- Confiscating Authority i.e. Collector, Buxar is directed to release the seized sugar in connection with Dumraon P.S. Case No.12/2010 - 3 - in favour of the petitioner on such terms and conditions and with such surety and bond as he may deem fit and proper. Release of the sugar shall be subject to final result of the confiscation proceeding and criminal case and shall not prejudice the case of the prosecution against the petitioner. It is made clear that the Confiscating Authority may impose any terms and conditions other than cash deposit or the bank guarantee for the purpose. Let a copy of this order be sent to the office of the Collector, Buxar through FAX at the cost of the petitioner in connection with Dumraon P.S. Case No.12/2010. B.T (J. N. Singh, J.)