IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6510 of 2008 ARUN KUMAR BARNWAL @ ARUN PD.B Versus THE STATE OF BIHAR & ORS ----------- 3 12/5/2008 Heard the parties. Basically in this case prayer of the petitioner is to release 27.36 quintals of wheat and 261.12 quintals of rice which has been seized in connection with Gaya Kotwali P.S.Case No. 11 of 2008. Counsel for the petitioner submits that the rice and wheat being perishable commodities, its kept under seizure for a long period would in fact be national loss and in any event would not serve interest of any person. He accordingly submits that the same be directed to be released in favour of the petitioner subject to the result of confiscation proceeding and/or pending criminal case on any reasonable terms and conditions. Considering the aforesaid facts, this Court directs that the aforementioned seized rice and wheat be released in favour of the petitioner on proper identification and on furnishing adequate security to the satisfaction of Collector, Gaya. It is made clear that the Collector Gaya would not insist for furnishing cash security or Bank guarantee and such security may be in form, wholly to the satisfaction of the Collector of Gaya district. The Collector in fact would pass an order for release of rice and wheat by imposing a condition and getting an written undertaking from 2 the petitioner that such release would be subject to result of confiscation proceeding and/or 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 thereof on demanded by the Collector of Gaya district. It is further directed that as and when required the petitioner must appear before the Collector and in the criminal court. An order for release of the aforesaid seized rice and wheat must be passed by the Collector of Gaya district within a period of six weeks from the date of receipt of a copy of this order. The Collector Gaya district, however, would verify the fact as to whether the petitioner is a licensee and/or authorized dealer in the public distribution system, as has been alleged in the First Information Report and if it is found that the petitioner is a licensee and/or authorized dealer under Public distribution system, such release of rice and wheat be made only after obtaining written undertaking that the same will be sold only under public distribution system. ( Mihir Kumar Jha, J) Abhay Kumar.