IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.449 of 2010 1. KRISHNA SINGH, KAUSHLYA GHAT, HAJIPUR & 2. MUKESH KUMAR SINGH @ MUKESH KUMAR POKHARA, CHHOTI MARAI, TOWN VAISHALI. VERSUS 1. STATE OF BIHAR 2. THE COLLECTOR, VAISHALI AND 3. THE MARKETING OFFICER, HAJIPUR TOWN. ----------- 3 14.07.2010. Heard learned counsel for the parties. Petitioner no.1 has come to this Court for quashing seizure of 188.15 quintals of rice and 12 quintals of wheat and its release in his favour, whereas petitioner no.2 has filed this application for quashing seizure of a Public carrier truck bearing No. BR 1G 1354 on 8.4.2010 and its release in his favour, as he is the owner of the vehicle. It appears the Marketing officer, Hajipur Town raided and seized the aforesaid food grains and vehicle, giving rise to a case registered under section 7 of the E.C. Act and sections 409 and 120B of the I.P.C. in Hajipur town Police Station case no. 185 of 2010. Petitioners submit that wheat and rice are perishable commodities. They are free sale commodity and there is no price control on these commodities and it is admitted that the same has been seized from premises of the petitioners. In the facts and circumstances of the case, petitioner no.1 is directed to file a petition along with a copy of this order before Collector, Vaishali who would release the food grains in favour of petitioner no.1 on furnishing adequate sureties, 20 percent of which - 2 - would be in form of cash. Petitioner no.2 would also file a petition annexing this order and documents in support of his ownership of the vehicle before the Collector, Vaishali who would verify the same and release the vehicle in his favour on furnishing adequate sureties to his satisfaction. Release of food grains and the vehicle are subject to the result of confiscation proceeding and the criminal case. Let this order be communicated to the Collector, Vaishali through FAX at the cost of the petitioner. Shashi. (Samarendra Pratap Singh,J.)