IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1161 of 2010 SHIVJEE PRASAD & ORS Versus STATE OF BIHAR & ANR ----------- 2 26.11.2010 Heard counsel for the petitioners and the State. The petitioners pray for release of 880 bags of wheat each containing 50 Kgs (440 quintals) as well as release of 4752 empty gunny bags, gunny bag stitching machines belonging to petitioner no.1 as well as a truck bearing registration no.BR 05- A4-1751 belonging to petitioner nos.2 and 3. The petitioner no.1 is a dealer in foodgrains and petitioner nos.2 and 3 are the owners of the truck bearing registration no.BR 05-A4-1751. The petitioners submit that the wheat is decontrolled commodity and it does not either belong to the F.C.I. or S.F.C. or any government agency. The petitioners submit that they are willing to cooperate in the trial. Counsel for the State submits that the seized foodgrains apparently seem to be belonging to the F.C.I. Without going into the merit of the case, this court finds that no useful purpose would be served by keeping the wheat in question under seizure for a long time as it is a perishable commodity as well as vehicle in question under seizure, as it would be subject to decay also. Having heard counsel for the parties, this court observes that if the petitioners file an application before the 2 KHAN S.D.J.M., Raxaul for release of the aforesaid seized wheat as well as a truck bearing registration no.BR 05-A4-1751 which were seized in connection with Ramgarhwa P.S. Case No.152 of 2010, the learned Magistrate would release the same in favour of the petitioners after being satisfied about their ownership on furnishing adequate security to his satisfaction. So far as release of foodgrains is concerned, 10% of surety would be in form of cash security. It is made clear that the release of the foodgrains and the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the S.D.J.M., Raxaul through fax at the cost of the petitioners. (S.P.Singh,J)