IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.78 of 2011 1. Pramanand Sah 2. Upendra Sah 3. Sone Lal Sah, all sons of Sri Ram Baran Sah, resident of Village Bakhtaura, P.S. Darpa, Distt.-Motihari, East Champaran ---Petitioners Versus 1. THE STATE OF BIHAR. 2. The Block Agriculture Officer, Adapur, East Chamaran. 3. The Sub-Inspector of Police, Motihari. ---Respondents ----------- 2. 4.4.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing of the seizure of 81 bags of fertilizer loaded on the tractor seized on 20.12.2010 by the Sub- Inspector, S.S.B., 13 Battalion, Pipra Kothi, Mothiari giving rise to a criminal case vide Darpa Police Station Case No.53/2010 registered for the offence under section 7 of the Essential Commodities Act. Alternatively, the prayer is for release of the aforesaid 81 bags of fertilizer in favour of petitioners no.1 and 3 and one Swaraj Tractor including Trailer bearing Registration No.BR-05A/8166 in favour of petitioners no.1 and 2 since keeping those article/vehicles under seizure for a long time may not be justified. Learned counsel appearing for the State opposes the prayer for release and submits that without verifying/satisfying the ownership of the aforesaid seized article/vehicle and also in absence of adequate security, the same could not be released. Considering the submissions of the parties, this Court is of the opinion that the continuing the seizure of the aforesaid - 2 - article/vehicles for a long time is not justified. In the above circumstances, it will be open for the petitioners to file an application before the court of the Sub- Divisional Judicial Magistrate, East Champaran for release of the aforesaid fertilizer and vehicles in question. 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 fertilizer and vehicles in question and on being satisfied with the adequate security furnished by the petitioners, the aforesaid 81 bags of fertilizer may be released in favour of petitioners no.1 and 3 and one Swaraj Tractor including Trailer bearing Registration No.BR- 05A/8166 in favour of petitioners no.1 and 2, 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. As prayed for, let a copy of this order be handed over to the learned counsel appearing for the State. Let this order be communicated to the court of the Sub- divisional Judicial Magistrate, East Champaran in connection with - 3 - Darpa Police Station Case No.53/2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)