IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20203 of 2011 Rajiv Kumar @ Rajiv Kumar Jaiswal, S/O Sri Madhav Chowdhary, Resident of Mohalla Tiwari Tola, Ward No 31, P.S. & District- Saharsa. . . . . . . Petitioner. Versus 1. The State of Bihar 2. The B.S.O, Saur Bazar, Saharsa. . . . . . Respondents. ---------------------------------- 2/ 20.12.2011 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for quashing seizure of 604.50 quintals of wheat and 135.15 quintals of rice seized by Block Supply Officer, Saur Bazar, Saharsa on 09.10.2011 and 10.10.2011 giving rise to Sadar P.S. case no.491 of 2011 under Section 7 of the Essential Commodities Act. According to the prosecution case, the rice and wheat belong to have been stolen from the Government Godown, as they are stacked in stitched bags, having marking of Government Scheme. The petitioner submits that storage limit of these food-grains has been abolished in the year 2002. The food-grains are perishable commodity and no useful purpose would be served in keeping the same under seizure. In the circumstances, if the petitioner files an application before Sub-Divisional Judicial Magistrate, Saharsa, he / she would release the food-grains on adequate sureties, 5 % of which would be in form of cash deposit. The release would be subject to criminal prosecution 2 / confiscation proceeding if any. Let the order be communicated to the Court of Sub- Divisional Judicial Magistrate, Saharsa through FAX at the cost of the petitioner. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)