IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1061 of 2010 SUKHDEO SAO @ SUKHDEO PRASAD SAO SON OF SRI PISU SAO, RESIDENT OF VILLAGE JAGATPUR, POLICE STATION DUMARIA, DISTRICT GAYA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GAYA. 3. THE SUB DIVISIONAL OFFICER, SHERGHATI, GAYA. 4. THE ASSISTANT DISTRICT SUPPLY OFFICER, SHERGHATI, GAYA. ----------- 03. 11.03.2011 Heard the parties. The prayer of the petitioner is for a direction to the respondent for release of 59.50 quintals of rise and 23 quintals of wheat in favour of the petitioner which has been seized by the Assistant District Supply Officer, Sherghati, Gaya in connection with Imamganj Police Statation case no. 20 of 2010 registered for the offence under Section 7 of the Essential Commodities Act. A counter affidavit has been filed on behalf of the State stating therein to the effect that the aforesaid items were stored for black marketing. Considering the submission of the parties, this court is not inclined to interfere with, in the merits of the case. However, with regard to release of the aforesaid seized items in question, it will be open for the petitioner to file an appropriate application in the court below 2 within a period of two weeks with the relevant documents in support of the ownership over the seized articles and also adequate security. In case, the application is filed, the same may be considered in accordance with law preferably within a period of two weeks thereafter, and pass appropriate orders for release of the seized items as aforesaid. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)