IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.382 of 2011 Kamleshwar Prasad Gupta @ Kamlesh Gupta, son of Deonarain Gupta, resident of Village-Guthani, P.S. Guthani, Distt.-Siwan. ----Petitioner Versus 1. The State of Bihar. 2. The Block Supply Officer, Guthani, Siwan. ---Respondents ----------- For the Petitioner : Mr D.N. Tiwari, Advocate For the S t a t e : G.P. III ---------- 2. 11.7.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for release of 366 bags of wheat seized in connection with Guthani Police Station Case No.101 of 2010 registered for the alleged offence under section 7 of the Essential Commodities Act by the Block Supply Officer, Guthani. It is submitted by the learned counsel for the petitioner that the seized wheat are perishable in nature and, as such, the same need not be kept under seizure for a long time. Learned counsel for the State submits that the prayer for release of the seized wheat is not allowed without satisfying prima facie the claim of the petitioner over the seized wheat as also in absence of adequate security. Considering the submissions of the parties, in the opinion of the Court, seizure of the wheat in question for a long time may not be justified. In this view of the matter, it is directed that in case an appropriate application for release of the wheat in question is filed on behalf of petitioner within a period of three weeks in the court of - 2 - the Chief Judicial Magistrate, Siwan in connection with the aforesaid police case, the same shall be considered in accordance with law, expeditiously preferably within a period of six weeks and on being satisfied with regard to the ownership over the seized item and also on furnishing the adequate security, the seized wheat be released in favour of the petitioner, subject to the final result of the aforesaid criminal case and/or confiscation proceeding, if any. The writ application stands disposed of with the above observations/directions. Let this order be communicated to the court of the Chief Judicial Magistrate, Siwan, in connection with Guthani Police Station Case No.101 of 2010 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)