Rakesh Kumar Gupta vs State Of Bihar on 13 August, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CR. REV. No.933 of 2010
                              GANESH PRASAD KESARI
                                         Versus
                                   STATE OF BIHAR
                                           with
                              CR. REV. No.928 of 2010
                               RAKESH KUMAR GUPTA
                                         Versus
                                   STATE OF BIHAR
                                       -----------

2 13.08.2010 Both parties present.

Petitioners in both the applications pray for

release of the edible pulses and gram allegedly seized by

the State on the plea that they were being transported to

the city for the purpose of selling there in black market.

It appears that a submission was advanced

before the court below by the learned Prosecutor that the

proceeding under Section 6E of the Essential Commodities

Act is likely to be initiated in these applications. Petitioners

have categorically stated that till date no confiscation

proceeding has been initiated with respect to those items. It

is contended that the edible pulses and gram are perishable

and the court should take reasonable view on the

application as allowing the pulses and gram to perish will

not be in the interest of either the petitioners, the State or

the nation.

Counsel for the State seeks time.

List this matter on Wednesday (18.8.2010) high

on Board.

2

Let a copy of this order be handed over to Mr.

Jharkhandi Upadhyay, learned APP.

( Kishore K. Mandal, J. )
pkj