IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.53 of 2010 Upendra Kumar @ Pappu Kumar, son of Sri Jawahar Lal Sao, resident of village Mahadipur, at present village Kurtha-Benipur Road, Kurtha, P.S. Kurtha, District- Arwal ………. Petitioner Versus 1.State Of Bihar 2.In-charge Block Supply Officer-cum-Block Development Officer, Kurtha, District- Arwal ………. Respondents ----------- 2. 19/02/2010 This writ application has been filed for a direction to the respondents to release the wheat in favour of petitioner which has been seized from a truck. Wheat were packed in gunny bags having marking of Food Corporation of India, and therefore, on suspicion that they were for black-marketing, same has been seized and case has been instituted under section 7 of the Essential Commodities Act. Learned senior counsel for the petitioner submits that the wheat is a perishable food grain and if it is allowed to remain in police custody for long, it may deteriorate and may become unfit for human consumption. He submits that petitioner is ready to furnish any security and bonds for the release of the wheat. Learned counsel for the State does not object that if petitioner is ready to furnish sufficient security and bonds, the wheat may be - 2 - released in his favour. In the circumstances, this writ application is allowed. Learned Chief Judicial Magistrate, Jehanabad is directed to issue orders for release of wheat in favour of petitioner in connection with Kurtha P.S.Case No.134 of 2009 on such terms and conditions as learned Chief Judicial Magistrate may think appropriate. Wheat will be released with the gunny bags on the certification of petitioner that the same are packed in gunny bags with marking of Food Corporation of India which may be taken into account in the case as admission of petitioner at an appropriate stage. Let this order be sent to the court below through Fax at the cost of petitioner. Pradeep/ (J. N. Singh, J.)