IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.472 of 2008 CHANDESHWAR SAO Versus THE STATE OF BIHAR & ANR ----------- 4 04.8.2008 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State of Bihar. Wheat and rice were seized from the rented premises of the petitioner alleged to be stolen from Govt godowns, namely, FCI and NAFED as the bags were bearing the names of these institutions. Pursuant to this seizure, a case under section 7 of the E C Act was instituted bearing Danapur PS case no. 128 of 2008. It is submitted on behalf of the petitioner that it is a matter of common knowledge that such bags having monogram of these govt. installations are being sold in open market and merely because bags containing wheat and rice were carrying such marks would not be conclusive proof of the fact in absence of materials that the same has been stolen from the FCI or NAFED. It is also submitted that the seized materials are perishable commodity and are decontrolled since 2002. It is submitted by the State that in all probability the food grains seized are stolen property. Without going into the merits of the allegations leveled, this Court directs the learned Additional Chief Judicial Magistrate, Danapur to release the food grains in question in favour of the petitioner, keeping a few bags of wheat and rice by way of sample, on furnishing adequate sureties to his satisfaction. - 2 - It is needless to say that released materials would be subject to the result of the confiscation proceeding as well as a criminal case going on in this regard. With the aforesaid observations and directions, this writ petition is allowed. Shashi. (S.P.Singh,J)