IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.403 of 2011 ABHISHEK KUMAR, son of Anil Kumar Khetan, resident of Gulab Bagh, P.S.-Sadar, Distt.-Purnea, Proprietor of M/s Godawari Fertilizer, Gulabbagh, Purnea. ---Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Department of Agriculture at Purnea.. 2. The District Agriculture Officer, Purnea. ---Respondents ----------- 2. 16.5.2011 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing of entire seizure of different varieties of fertilizer made on 4.3.2011 by the District Agriculture Officer, Purnea (respondent no.2) giving rise to a criminal case vide Sadar P.S. Case No.65 of 2011 registered for the offence under section 7 of the Essential Commodities Act. Alternatively, the prayer is for release of the aforesaid seized fertilizer in favour of the petitioner since keeping those items under seizure for a long time may not be justified. Learned counsel appearing for the State opposes the prayer for release of the seized fertilizer in question and submits that without verifying/satisfying the ownership of the aforesaid seized fertilizer and also in absence of adequate security, the same could not be released. Considering the submissions of the parties, in the opinion of the Court, keeping those aforesaid seized fertilizer for a long time till the disposal of the aforesaid Sadar P.S. Case No.65 of 2011 and/or confiscation proceeding, if any, may not be justified. - 2 - In the above circumstances, it will be open for the petitioner to make an application in the court of the Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No.65 of 2011 for release of the aforesaid seized fertilizer. In case such an application is filed within a period of three weeks, the same be considered in accordance with law. On considering the relevant documents with respect to the ownership of the seized items in question and on being satisfied with the adequate security furnished by the petitioner, the aforesaid seized fertilizer may be released in favour of the petitioner, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of six weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. Let this order be communicated to the court of the Chief Judicial Magistrate, Purnea in connection with Sadar Police Station Case No.65 of 2011 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)