IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1235 of 2010 PRADEEP KUMAR GUPTA SON OF LATE BRAHMALAL PRASAD, RESIDENT OF MOHALLA NATHNAGAR, P.S. NATHNAGAR, DISTRICT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE BLOCK AGRICULTURE OFFICER, TARAPUR, BHAGALPUR ----------- 3 24.03.2011 Heard learned counsels for the petitioner and the State. The prayer of the petitioner is for quashing of the seizure of 712 bags of fertilizers each containing 50 Kg. seized by the Block Agriculture Officer, Tarapur, Bhagalpur, in connection with Tarapur P.S. Case No. 87 of 2010 under section 7 of the Essential Commodities Act. The alternative prayer is for release of the aforesaid seized items. Learned counsel for the State submits that without satisfying the ownership and furnishing adequate security, no release can be effected. Considering the submissions of the parties, in the opinion of the Court keeping the fertilizers seized for a long time may not be justified. In the above circumstances, petitioner is permitted to make an appropriate application in the Court of Sub-Divisional Judicial Magistrate, Munger within a period of two weeks for release of the seized items. In case such application is filed, the same be considered in accordance with law and upon satisfying the ownership and furnishing adequate security, the seized fertilizers may be released in favour of the petitioner which shall be subject to the final outcome of the aforesaid police case/confiscation proceeding, if any. The writ application accordingly stands disposed of with the above observations/directions. The order may be communicated to the Court of Sub-Divisional Judicial Magistrate, Munger in connection with Tarapur P.S. Case No. 87 of 2010 through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)