IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.509 of 2011 1. Bharat Kumar 2. Ram Binay Kumar, both sons of Sri Kapildeo Kumar, resident of village Daha Chhapara, P.S. Sahebganj, District- Muzaffarpur Versus 1. The State Of Bihar through the Secretary, Food & Civil supply 2. The Block Development Officer-cum-Supply Officer, Sahebganj, Muzaffarpur ---------------------------------- 7 03.08.2011 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the seizure of 147 bags of rice 50 Kg. each, 147 empty bags and one bag stitching machine, Signet Special, Heavy duty portable bag closer with power cable plug made by the Block Development Officer-cum-Supply Officer, Sahebganj on 12.02.2011 in connection with Sahebganj P.S. Case No. 29 of 2011 registered under Section 7 of the Essential Commodities Act bearing Malsalami P.S. Case No. 55 of 201 Petitioners alternatively prayed for release of the aforesaid items in favour of petitioners. Learned counsel for the State opposes the prayer of the petitioner and submits that the aforesaid items could not be released in absence of adequate security. Considering the rival submission of the parties, this court is of the opinion that continuing the seizure of the aforesaid rice, bags & machine for a long time may not be justified especially the rice which is perishable in nature. In the above circumstances, it will be open for the petitioner to file an application before the Sub-Divisional Judicial Magistrate (West), Muzaffarpur for release of the 2 aforesaid items. In case such application is filed, the same would be considered and upon such satisfaction on furnishing adequate security, the aforesaid items be released in favour of the petitioners. Such consideration be made within a period of two weeks on filing application after serving a copy to the counsel for the State. It is however, made clear that this court has not gone into the merits of the case. The aforesaid release shall be subject to the final outcome of the confiscation case pending, if any/criminal proceedings against the petitioners. With the aforesaid observations/directions, this writ petition stands disposed of. Let this order be communication to the court of Sub Divisional Judicial Magistrate (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 29 of 2011 through fax at the cost being deposited by the petitioners. Manish ( Shailesh Kumar Sinha, J.)