IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.825 of 2008 BADRI PRASAD & ANR Versus STATE OF BIHAR & ANR ----------- 3 12.12.2008 In the instant writ petition the petitioner prays for quashing the seizure of 208 bags of fertilizers seized in connection with Kotwa P.S. Case No.73 of 2008 under section 7 of the E.C. Act for violation of Fertilizers Control Order, 1985. The allegation is that the godown of petitioner no.1 was raided on 18.6.2008 resulting into seizure of various items of fertilizers. On demand the petitioners failed to produce registration certificate for carrying in business of fertilizer, stock register, sale register, cash memo, purchase memo etc. and as such Kotwa P.S. Case No.73 of 2008 was registered for violation of Fertilizers Control Order. Learned counsel for the petitioners submits that the government had de-controlled the trade of D.A.P. Phosphotic and Potassium. He further submits that petitioner no.1 is the owner of Anuj Traders and petitioner no.2 is the Chief Executive Officer of Kotwa Cooperative Society, Kotwa and there are two shops of fertilizer situated side by side; one belongs to the petitioner no.1 and another to petitioner no.2. It is submitted that both shops had valid licence till 31.3.2011. Learned State counsel submits that non-production of stock register, sale register and cash memos and their non-display would amount to violation of Fertilizers Control Order. - 2 - KHAN Without going into the merit of the case, this court finds that no useful purpose would be served by keeping the fertilizers in question under seizure for a long time as it would be subject to decay also. Having heard learned counsel for the parties, this court observes that if the petitioners file an application before the Chief Judicial Magistrate, Motihari for release of fertilizers in question, the learned Magistrate would release the same in their favour which were seized in connection with Kotwa P.S. Case No.73 of 2008, after being satisfied about their ownership of the fertilizers, on furnishing adequate security out of which 25% would be in form of cash security, to his satisfaction. With the aforesaid observation, this application is allowed. Let this order be communicated through fax at the cost of the petitioners. (S.P.Singh,J)