IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6831 of 2008 SUNIL NAROLIA Versus THE STATE OF BIHAR & ORS ----------- 2 12/5/2008 Heard the parties. Basically in this case prayer of the petitioner is to release 994 bags of rice which has been seized in connection with Gogri P.S.Case No. 259 of 2007. Considering the fact that rice is perishable commodity which if disposed of, would be subjected to decay causing national loss, this Court directs that the aforementioned seized rice be released in favour of the petitioner on proper identification and on furnishing adequate security to the satisfaction of Collector, Khagaria district. It is made clear that such security may be anything except cash or Bank guarantee. Such release however would be subject to final disposal of confiscation proceeding and criminal proceeding and in the event either confiscation proceeding or criminal proceeding is decided against the petitioner, the petitioner will be obliged to surrender security or pay the equal price to the Government on demand by the Collector of Khagaria district. It is also made clear that as and when require the petitioner must appear before the Collector, Khagaria district and/or in the criminal court. The Collector, Khagaria district however would verify the fact as to whether the petitioner 2 is a dealer or licensee under the public distribution system as alleged in the First Information Report itself and thus while releasing the aforesaid quantity of rice the Collector Khagaria district will obain an undertaking from the petitioner that the rice so released would be sold only under public distribution system in the event it is found that the petitioner is a dealer or licensee under public distribution system. The aforesaid seized rice must be released within a period of six weeks from the date of receipt of this order. (Mihir Kumar Jha, .) Abhay Kumar.