IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17775 of 2009 ANIL KUMAR CHAURASIA s/o Sri Muni Prasad Chaurasia, Proprietor of Ravi Khad Beej Bhandar, resident of Bakarpur, P.S. Sonepur, District- Saran. Versus 1. THE STATE OF BIHAR through Secretary ,Department of Agriculture ,Patna, Bihar. 2. The District Agriculture Office, saran, Chapra. ----------- For the Petitioner : Mr. N.K.Agrawal,Sr.Adv and Mr. D.N.Tiwari 2 18.12.2009 By this writ application Mr. N.K.Agrawal, learned Senior counsel restricts the relief to release of seized stock of fertilizer, insecticides and wheat seeds appertaining to Sonepur P.S.Case no. 284 of 2009 dated 10.11.2009 instituted under Section 7 of E.C.Act. It appears that the District Agriculture Officer, Saran conducted an inspection of the business premises of the petitioner and found apart from alleged licence premises, fertilizer, wheat seeds and insecticides were storaged to the adjacent premises, which apparently, was unauthorized. Accordingly stock of fertilizer, seeds and insecticides were seized by six seizure lists and the present case was instituted . Godowns were sealed. Petitioner submits that the fertilizer and seeds are in demand in the present season and if they are not released to the petitioner for sale, petitioner will suffer irreparable injury. Mr. Agrawal points out that the petitioner has came to know that Confiscation Proceedings no.6 of 2009 have been initiated by the Collector Saran in terms of Section 6A of the E.C.Act and though show cause notice has been received , time for filing show 2 cause has not yet been expired, yet petitioner has learnt that the Collector has passed order for sale of the commodities, so seized. He submits that if the authorities are permitted to sale then petitioner would suffer irreparable injury. Having considered the matter, I direct the learned C.J.M., Saran at Chapra to release the seized stocks of fertilizer, insecticides and seeds in favour of the petitioner on proper security to his satisfaction, which would be subject to the result of the criminal case and the confiscation proceeding as pending before the Collector. It would be open to the District Agriculture Officer to inspect and /or supervise the sale of fertilizer for which proper accounts shall be maintained by the petitioner. The business premises and the godowns, after proper inventory would be unsealed by order of the learned C.J.M. concerned. This disposes of the writ petition. Let a copy of this order be communicated to learned C.J.M., Saran at Chapra at the cost of the petitioner. Singh (Navaniti Prasad Singh, J.)