IN THE HIGH COURT OF JUDICATURE AT PATNA CrWJC No 347 of 2009 Bhagwan Shah, son of Hari Shankar Shah, resident of Industrial Area, East of Flour Mill of Gopal Pandey, P S – Buxar (Ind), District- Buxar - Petitioner Versus 1 The State of Bihar 2 The Supply Inspector, Block – Buxar, Dist – Buxar - Respondents ----------- 3 13.10.2009 The petitioner restricts the prayer in the writ application to release the seized bags of rice as per seizure list forming part of Buxar (Industrial Area) Police Station Case No 13 of 2006 instituted under Section 7 of the Essential Commodities Act read with Sections 406, 409, 120B of Indian Penal Code which is pending before Subdivisional Judicial Magistrate, Buxar. It is submitted that so far as rice is cocnerned, at the material time, neither there was any licensing order for regulating its business nor any restriction on storage, sale or transporting thereof. On mere suspicion, the rice has been seized from the godown of the petitioner and is lying in petitioner’s custody for last 3 years. Be that as it may, considering the facts and circumstances aforesaid, no useful purpose would be served by letting the rice remain seized as it is only likely to deteriorate. In the circumstances, the learned Subdivisional Judicial Magistrate, Buxar, on a petition being filed by the petitioner, would release the seized stocks of rice, as per seizure list of the case, to the petitioner on petitioner’s furnishing sufficient security 2 to the satisfaction of Subdivisional Judicial Magistrate, Buxar subject to the result of the confiscation case, if any, in relation thereto and the criminal case. The Court must, however, ensure that the bag in which the rice was seized must be preserved as material evidence in the case. With these observations and directions, the writ petition is disposed of. M.E.H./ (Navaniti Prasad Singh)