IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17175 of 2009 1. TINKU KUMAR S/O ASHOK KUMAR GUPTA R/O VILL SULTANPUR, P.S.DANAPUR, DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. MARKETING OFFICER DANAPUR ,DISTT-PATNA ----------- 2 9.2.2010 Mr. N.K.Agrawal, learned Senior counsel for the petitioner restricts the prayer in the writ petition to release of seized food grains being wheat and rice, which were seized from the petitioner’s premises on 26.10.2009 on an alleged allegation that 120 bags of wheat were packed in bags which bore Food Corporation of India marking and as such it was suspended that it is government wheat being misappropriated. Mr. Agrawal further submits that there is no allegation of any government stock having been lost or stolen. He submits that so far as wheat and rice are concerned, it is free from licensing regulation and merely because bore marking of FCI does not mean that it is of Food Corporation of India because used bags are sold in the market and are picked up by the agriculturist to pack their produce. Heard the parties and with their consent this writ petition is being disposed of at this stage itself. Upon allegation aforesaid, a criminal case was instituted being Danapur P.S.Case no.335 of 2009 under section 7 of E.C.Act and it seems that a report thereof was sent to the Collector-cum- District Magistrate, Patna. Mr. N.K.Agrawal submits that the 2 Collector, Patna has probably initiated a confiscation proceeding though no notice thereof has been received by the petitioner , as yet. Having considered the matter, in my view, no useful purpose would be served by permitting the seized food grains, as per seizure list (Annexure 1), as they are perishable in nature, I therefore, direct learned A.C.J.M.,Danapur to release the food grains in relation to the case , as aforesaid, in favour of the petitioner on furnishing adequate security to his satisfaction. This would, however, be subject to final result of the criminal case and confiscation case as before the Collector, Patna. The writ petition thus stands disposed of. Let a copy of this order be sent to learned A.C.J.M., Danapur by FAX at the cost of the petitioner. Singh (Navaniti Prasad Singh, J.)