IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40818 of 2009 SANJAY BHAGAT @ SANJAY KUMAR BHAGAT, son of Late Basudeo Bhagat @ Baldeo Bhagat, village Darjeepatti, Ps Banmankhi, District Purnia – petitioner. Versus THE STATE OF BIHAR ----------- 3 13.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by order, dated 6.10.2009 passed by the Subdivisional Judicial Magistrate, Purnia in Banmankhi PS Case No. 132/2008 by which cognizance has been taken for the offences under section 7 of the Essential Commodities Act. Two points have been raised on behalf of the petitioner in this case. It is first submitted that the FIR and the charge sheet do not disclose the act under which the petitioner has been found to be guilty. Secondly the petitioner submits that under the Fertilizer Control Order, 1985, only the Inspector can seize and search the premises. It is submitted that in the present case the Agriculture Officer has prepared the seizure list and as such the entire proceeding is without jurisdiction. Accordingly, I quash the order, dated 6.10.2009 and remand the matter to the Subdivisional Judicial Magistrate, Purnia to issue notice to the Block Agriculture Officer and obtain instructions with respect to the power of search and seizure in a case under the Fertilizer Control Order before passing an order in the case. This application is allowed with the aforesaid observations. 2 Learned counsel for the petitioner is permitted to deposit the cost of Fax by 16.4.2010 for communicating this order to the Subdivisional Judicial Magistrate, Purnia failing which this application shall stand dismissed without further reference to a bench. haque (Sheema Ali Khan, J.)