IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.215 of 2011 1. ARVIND KUMAR SON OF KRISHNA LAL SAO 2. KRISHNA LAL SAO, SON OF LATE MURARI SARAN, BOTH RESIDENT OF MOHALLA TULSI MANDI, GULZARBAGH, P.S. GULZARBAGH, DISTRICT- PATNA Versus THE STATE OF BIHAR & ANR ----------- 2 15.03.2011 Heard learned counsels for the petitioners and the State. The offence alleged is under section 7 (X) of the Essential Commodities Act. The prayer of the petitioners is for quashing the first information report of Patna By-Pass P.S. Case No.15 of 2011. The petitioner in the alternative has prayed for release of the seized items such as wheat and gas cylinder, as mentioned in the seizure list as contained in Annexure- 1 (series). Learned counsel for the State opposes the prayer of the petitioners for release of the seized articles and submits that without satisfying the ownership and security no release can be effected. Considering the submissions of the parties, in the opinion of the Court, continuing the seizure of the seized items for a long time may not be justified at least the seizure of the wheat. In the above circumstances, it will be open for the petitioners to file an application in the Court of Sub- Divisional Judicial Magistrate, Patna City for release of the aforesaid wheat and gas cylinder. In case such application is filed, the same shall be considered in accordance with law within a period of three weeks on filing of application after serving copy of the same on the counsel for the State. Upon satisfying the ownership and adequate/sufficient security, the seized items as aforesaid be released in favour of the petitioners. It is, however, made clear that this Court has not gone into the merits of the case. The aforesaid release shall be subject to the final outcome of the aforesaid police case/confiscation proceeding if any in the matter in question. The writ application accordingly stands disposed of with the above observations/directions. Let this order be communicated to the Court of S.D.J.M, Patna City in connection with Patna By-Pass P.S. Case No. 15 of 2011 through FAX on the cost being deposited by the petitioners. Manish/- ( Shailesh Kumar Sinha,J.)