IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 3329 of 2010 1 Ashok Sao @ Ashok Kumar Sah s/o late Ram Prasad Sao r/o Purani Bazar, Lakhisarai, Chitranjan Road, Rani Sati Mandir, P S - Lakhisarai, Dist - Lakhisarai 2 Smt Babita Devi, wife of Ashok Kumar Sao, resident of Purani Bazar, Chitranjan Road, P S & Dist – Lakhisarai, Proprietor of M/s Ma Durga Traders, Lakhisarai - Petitioners Versus 1 The State of Bihar 2 The District Agriculture Officer, Lakhisarai - Respondents ----------- 2 22.03.2010 Let Babita Devi, wife of Ashok Sao @ Ashok Kumar Sah be added as petitioner No 2 in this case. Learned counsel for the petitioner undertakes to file requisite vakalatnama by tomorrow (23.03.2010). Heard Shri N K Agarwal, learned Senior Counsel for the petitioners and the learned counsel for the State. Learned counsel for the petitioners restricts the prayer and the relief sought for in this writ application to release of the stocks of fertilizer subject to the result of the confiscation proceeding and/or criminal case in relation thereto. Certain stocks of fertiliser were seized pursuant whereto a case under Section 7 of the Essential Commodities Act read with Sections 420/34 of Indian Penal Code was registered being Lakhisarai Police Station Case No 555 of 2009 which is pending before Chief Judicial Magistrate, Lakhisarai. The allegation is that the fertilisers were stored without due certificate of registration in that regard. Petitioners state that petitioner No 2, who happens to be the wife of petitioner No 1, had a certificate of registration in relation to the 2 fertilisers in question. Due to oversight, it could not be renewed but renewal process would be taken and the same is expected to be completed. Learned counsel for the petitioners points out that unlike other licensing provisions, so far as fertiliser is concerned, it talks of only registration and not licensing. Be that as it may, as fertilisers are perishable, I direct that till certificate of registration is not granted to petitioner No 2 either by renewal or by fresh grant, the stocks of fertiliser, though being released to the petitioners by orders of this Court, would not be sold. Petitioners accept this condition. In that view of the matter, it is directed that the stocks of fertiliser in relation to the case aforesaid which is pending in the Court of Chief Judicial Magistrate, Lakhisarai be released to the petitioners on furnishing sufficient security to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai which would, however, be subject to the result of the confiscation proceeding and/or the criminal proceedings. Writ petition is disposed of. Let this order be communicated to the Court concerned by FAX at the cost of petitioners. M.E.H./ (Navaniti Prasad Singh)