IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1018 of 2009 SUBHASH SAH, son of Upendra Sah, Resident of VIP Colony, Rajoun, P.S.-Rajoun, District-Banka. ……Petitioner Versus 1. The State Of Bihar 2. Block Supply Officer, Rajoun, Banka. …….Respondents. ----------- 02. 23.12.2009 It appears that on 21.08.2009 the Block Supply Officer, Rajoun, Banka made an inspection of petitioner’s premises and found that petitioner was storing about 46 quintals of sugar without licence. He accordingly seized all the commodities found therein which included small quantity of rice, wheat and other commodities including fertilizers. On behalf of petitioner the prayer is made only for the release of the aforesaid commodities in respect of the seizure whereof Rajoun P.S. Case No. 119 of 2009 has been instituted for violation of provisions of Section 7 of the Essential Commodities Act. In respect of fertilizer, it is submitted that neither any allegation was made at the time of seizure nor was the seizing authority was competent to take any action in respect of fertilizer as he has not a notified inspector in respect of fertilizer under Fertilizer Control Order, 1985. So far as seizure is concerned, it is stated that though State Government had intended to bring seizure within licensing provision but as would be apparent 2 from order of this Court as recorded in C.W.J.C. No. 12427 of 2009 dated 12.10.2009 that till that day the order had not been notified in the official gazette, the inspection as noted above took place on 21.08.2009 which is much prior. Licencing requirements in respect of seizure not being there even this seizure was invalid in law. Be that as it may, as all the commodities appear to be perishable commodities, all commodities as per seizure list dated 21.08.2009 (Annexure-2) appertaining to Rajoun P.S. Case No. 119 of 2009 instituted under Section 7 of the Essential Commodities Act and pending before the Chief Judicial Officer, Banka be released to the petitioner on furnishing adequate security to his satisfaction subject to the result of the criminal case and the confiscation proceedings if any initiated by the Collector, Banka in that regard. Let the order of this Court be communicated to the learned Chief Judicial Magistrate, Banka through Fax at the cost of the petitioner. The application stands disposed of. Shageer (Navaniti Prasad Singh, J)