IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8586 of 2009 Amrendra Singh, Son of Late Raghunandan Singh, Resident of Village Post Dubaha Bujurg, PS Sakra, District Muzaffarpur. ------- Petitioner. Versus 1. The State of Bihar, through the Collector-cum-District Magistrate, Muzaffarpur, Government of Bihar. 2. The Collector-cum-District Magistrate, Muzaffarpur, Government of Bihar.-- Respondents For the petitioner : Mr. Gyan Shankar, Advocate For the State : Mr. Iqbal Asif Niazi, A.C. to G.P. 4 ----------- 4 14.11.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Rice and wheat belonging to the petitioner was seized by the Block Supply Officer, Sakra on the ground that the food grains contained in the bags which were seized belong to the Food Corporation of India. The concerned authority reached to this conclusion on the basis of the fact that the food grains were stored in bags which had the F.C.I. mark. A First Information Report was instituted and seizure list prepared. The seizure list shows that 165 bags were machine stitched whereas 99 bags were stitched by hand. The seizure list indicates that 20 bags of rice containing ‘Arwa Chawal’ were machine stitched whereas 90 bags were stitched by hand. Counsel for the State submits that machine stitching indicates that these bags of rice belong to the F.C.I. Learned counsel for the petitioner submits that on the basis of mere suspicion without there being any complaint on behalf of the Food Corporation of India or the dealers or the public at large that the petitioner sold good grains (rice and wheat) belonging to the 2 Food Corporation of India, the seizure was made. It is further submitted that there is no control order governing rice and wheat which has been decontrolled since 2002. Counsel for the petitioner prays that the Court may pass similar orders as passed by this Court in Cr.W.J.C. No. 1142 of 2008 and CWJC No. 7567 of 2007, disposed of on 19.3.2009 and 8.1.2008 respectively where this Court had under similar circumstances directed, that the money which has been deposited out of the sale of the rice and wheat, was to be handed over to the petitioner subject to the final results of the criminal case/confiscation case as the case may be. I accordingly, direct that the Collector, Muzaffarpur should release the entire money with respect to wheat and rice which has been deposited in the treasury to the petitioner on proper verification subject to furnishing bond for the same to the satisfaction of the Collector, Muzaffarpur. This order is subject to the final result of the criminal case/confiscation case pending against the petitioner. This writ application is thus, disposed of. Sanjay (Sheema Ali Khan, J.)