IN THE HIGH COURT OF JUDICATURE AT PATNA CR. W.J.C. NO.756 OF 2008 ASIAN FERTILIZERS LTD. SARDARNAGAR, GORAKHPUR (U.P.) THROUGH M.S.SIDDQUI, SON OF LATE M.G. SIDDQUI, MANAGER (SALES)……………………………………………….,..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR OF AGRICULTURE, BIHAR, PATNA 3. DISTRICT AGRICULTURE OFFICER, MUZAFFARPUR………….RESPONDENTS WITH CR. W.J.C. NO.880 OF 2008 AWADHESH PRATAP SINGH, SON OF LATE RAM BACHAN SINGH, RESIDENT OF C/O M/S SHRIRAM FERTILIZERS AND CHEMICALS, 302 VERMA CENTRE, BORING ROAD CROSSING, PATNA-1………………………………………………………PETITIONER VERSUS 1. STATE OF BIHAR 2. THE DIRECTOR OF AGRICULTURE, BIHAR, PATNA 3. DISTRICT AGRICULTURE OFFICER, MUZAFFARPUR………………………..……RESPONDENTS ----------- For the Petitioners : Mr. N.K. Agrawal, Sr. Advocate with Mr. D.N.Tiwari, Advocate For the State : A. C. to G.P. No.22 *** 7 12.01.2010 Heard learned senior counsel for the petitioners and learned counsel for the State. Since a common prayer has been made in both the writ applications, they have been heard together and are being disposed of by this common order. Petitioners in the writ applications have prayed for direction to respondent no.2, the Director of Agriculture, Bihar, Patna to send the second sample of the fertilizer seized in - 2 - connection with Muzaffarpur Town P.S. Case No.283/2006 resulting into institution of a confiscation case under section 7 of the Essential Commodities Act and Sections 482, 485 and 486 of the Indian Penal Code from a distributor of the fertilizer company at Muzaffarpur. At the time of seizure, three packets of sample of seized fertilizer were taken. Two packets were kept by the Department and one packet was sent for chemical analysis to Fertilizer Quality Control Laboratory, Government of Bihar, Patna. Analysis report was received which is Annexure-1. Petitioners dispute the analysis report and, in terms of the provisions of Clause 28 of the Fertilizer Control Order, 1985 they claim that another packet of the sample be sent for analysis to any other Laboratory than the Fertilizer Quality Control Laboratory, Patna. For this purpose, they had filed an application before the Director (Agriculture), Government of Bihar, Patna, copy whereof is Annexure-2 to the first writ application. No order having been passed on the same, petitioners have filed these writ applications. - 3 - Learned senior counsel for the petitioners has relied upon a judgment of the Division Bench of this Court in the case of Arun Kumar Sinha Versus The State of Bihar & others, reported 1993 (1) PLJR 782 and an order of the learned Single Judge, a copy whereof is annexed as Annexure-4 to the first writ application to contend that a manufacturer/dealer has statutory right to get another sample of the seized fertilizer analyzed from another laboratory in case he raises a dispute in respect of the analysis report from the laboratory where the first sample was sent by the authorities. Counter affidavit has been filed in which it is stated that the second analysis can be permitted only within three years from the date of seizure. Since the date of seizure is 13.06.2006, now petitioners have no legal right to claim for second analysis. However, the fact that petitioners had filed an application before the Director, Agriculture, Government of Bihar, Patna within three years for the purpose, is not denied. In the circumstances, following the judgments of this Court, as relied upon by the learned senior counsel for the petitioners, - 4 - both these writ applications are allowed and respondent no.2, the Director, Agriculture, Government of Bihar, Patna is directed to send second packet of seized fertilizer to any other laboratory for its chemical analysis other than the Fertilizer Quality Control Laboratory, Patna. In terms of the judgment of the Division Bench of this Court, as referred to above, this Court directs that no coercive action shall be taken against the petitioners in the matter till the analysis report is received. To expedite the matter, petitioners shall file a certified copy of this order before the respondent-Director, Agriculture, Government of Bihar, Patna within two weeks who shall get cost assessed and communicate it to the petitioners within one week from the date of production of the said order. Petitioners shall deposit the cost in the office of the Director within two weeks from the date of communication upon which sample of second packet of the seized fertilizer shall be sent to the concerned Laboratory within two weeks thereafter. B.T (J. N. Singh, J.)