IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.256 of 2010 NARESH SAH Versus STATE OF BIHAR & ANR 2 22.6.2010 KHAN The petitioner, who is a PDS dealer, seeks quashing the seizure of 51 bags of wheat and 23 bags of rice, each containing 50 Kgs, in connection with Maniyari P.S. Case No.135 of 2009 under section 7 of the E.C.Act. Counsel for the petitioner submits that the seized items are perishable in nature and no useful purpose would be served by keeping the same under custody of the administration. Counsel for State submits that a criminal prosecution is going on against the petitioner and the petitioner purchases the subsidized foodgrains from different persons and sells the same in the market. Having heard counsel for the parties, this court observes that if the petitioner files an application before the learned Collector, Muzaffarpur for release of the seized food grains, the learned Collector would release the same in favour of the petitioner which were seized in connection with Maniyari P.S. Case No.135 of 2009 on his furnishing adequate security. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the learned Collector, Muzaffarpur through fax at the cost of the petitioner. (S.P.Singh,J) 2