IN THE HIGH COURT OF JUDICATURE AT PATNA CrWJC No 408 of 2009 Suren Lal Das, proprietor Jai Durga Khad Beej Bhandar, Harwadanga, Dighal Bank, Kishanganj, son of late Gena Lal Das, resident of village - Harwadanga, P S – Dighal Bank, District – Kishanganj -Petitioner Versus 1 State of Bihar 2 The Superintendent of Police, Kishanganj 3 The Officer-in-Charge, Dighal Bank Police Station, Kishanganj 4 The Assistant Jute Extension Officer –cum- Incharge Agriculture Officer, Dighal Bank, Kishanganj -Respondents ----------- 2 04.01.2010 Petitioner is a retail dealer in fertiliser holding a certificate of registration in his firm name and style of Jai Durga Khad Beej Bhandar, Harwadanga, Dighal Bank, Kishanganj duly issued under the Fertilizer Control Order, 1985. He had purchased 80 bags of DAP and was transporting it to his place of business in public carrier truck No BR-11A-5121. When the truck reached the business premises and fertilizer was in the process of being unloaded, the Assistant Jute Extension Officer demanded for papers in relation to this fertiliser but as the same was still in the process of being unloaded, the same could not be produced. On 22.03.2009, the said officer seized the said fertiliser and the truck and lodged a written report with the Dighal Bank Police Station. Petitioner immediately produced the papers with regard to purchase of fertiliser before the Police who sat over the matter for reasons unknown. They merely made a station diary entry but ultimately on 07.04.2009 that is after more than 2 weeks, a formal 2 first information report was recorded on basis of the same statement which was given on 22.03.2009 and Dighal Bank Police Station Case No 20 of 2009 dated 07.04.2009 is registered under Sections 414/120B of Indian Penal Code and Section 7 of the Essential Commodities Act. I wonder on what ground, the case is registered under Sections 414/120B of Indian Penal Code. It is no body’s case that the fertiliser was stolen fertiliser. What authority did the informant have is also not clear? Why the police did not register a first information report for over 2 weeks is also not clear? There appears to be much more behind the scene rather than on record but the basic fact remains that as per first information report itself, the fertilizers were being unloaded at petitioner’s premises in presence of petitioner who claims the same also. This being the position, the limited relief, which is sought for in the present writ application, cannot be denied. Let the fertilisers and the truck in question be released to the petitioner on proper identification by the Chief Judicial Magistrate, Kishanganj before whom the case is pending on his satisfaction. That release will, however, be subject to the result of the criminal case and the ultimate orders that may be passed therein. Petitioner should, accordingly, apply to the Chief Judicial Magistrate alongwith a copy of this order who would pass appropriate orders, as observed above in this regard within 15 days of filing of the said application. The writ application, thus, stands disposed of. 3 The order of this Court may be communicated to the Chief Judicial Magistrate, Kishanganj by FAX at the cost of the petitioner. M.E.H./ (Navaniti Prasad Singh)