IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 11724 of 2008 M/S RAM JANKI ENTERPRISES Versus THE STATE OF BIHAR & ANR ----------- 2 04.09.2008 On 10.06.2008, the Drugs Inspector, Patna conducted inspections in various premises at Govind Mitra Road, Patna. Some premises were found locked which were sealed as no one turned up to claim the possession of those premises. On 17.06.2008, those premises were then opened and it was found that in one of the premises, there were store of surgical and other equipment including some drugs but even on the site of the landlord, it could not be disclosed as to who was the owner thereof. As such, inventory was prepared and then a first information report lodged being Pirbahore Police Station Case no 132 of 2008 on 18.06.2008, inter alia, with an allegation of storing drugs and medicines for sale without valid licence. The present application has been filed by the petitioner claiming to be the owner of the said goods and the tenant of the said premises and claims that he had a licence duly issued under the Drugs and Cosmetics Act for the said premises. In my view, these require ascertainment of basic facts which can only be done by the Court before whom the first information report is pending. It would be advisable for the petitioner to move the learned Chief Judicial Magistrate, Patna or such other Magistrate before whom the first information report is pending for the relief prayed for in this application. The learned Chief Judicial Magistrate or the Magistrate concerned would deal with the matter expeditiously and not leave it to 2 the investigating authority to take their sweet time in responding to the matter in relation to release. It may be noted that some of the goods that have been seized are drugs or medicines and, as such, have expiry dates and, if not sold at an early date, may become useless. It will be open to the petitioner to make such an application with all supporting papers in respect thereof and the concerned Magistrate would pass appropriate orders for release thereof in accordance with law. This disposes of the writ application itself. M.E.H./ (Navaniti Prasad Singh)