( 1. ) THIS is a petition under Article 226 of the Constitution of India, by a Contractor, dealing in purchase of Sal Seed/wherein he seeks the release of the Sal Seeds, which according to him, had been illegally seized by the respondent.

( 2. ) THE petitioner had purchased the Sal Seeds from the forest area, which was under a lease to him. The respondent sealed his godowns on 3-10-1973. Thereafter the petitioner waited for quite good time. Subsequently, the Sal Seeds stored by the petitioner from 1-2-1974 to 9-2-1974, in all 9605 bags, were seized. Thereafter the petitioner moved this Court for a writ on 13-3-1974. It was after the admission of the present writ petition that the respondent filed an application before the Magistrate 1st Class for passing an order under Section 523 of the Code of Criminal Procedure in respect of the seized property.

( 3. ) THE instant question had been exhaustively considered by us in Ram Kumar Agrawal v. State of M. P. Misc. Petn. No. 112 of 1974, D/23-4-74 (MP) wherein we had relied on the Supreme Court case of Wazir Chand v. The State of Himachal Pradesh AIR 1954 SC 415 : 1954 Cri LJ 1029. In that case it was laid down by their Lordships