IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1068 of 2008 M/S UNNAT KRISHI KENDRA, a proprietary concern having its place of business at Singhaul Pokhar, P.O. Ulao, P.S. Singhaul, District Begusarai through its proprietor, Pappu Kumar alias Pappu Singh son of Late Nirsu Singh resident of Singhaul Pokhar, P.O. Ulao, P.S. Singhaul, District Begusarai. Versus 1. STATE OF BIHAR through District Agriculture Officer, Begusarai. 2. The District Agriculture Officer, Begusarai. 3. The Officer-in-charge, Phulwaria P.S. Begusarai. ----------- 3 19/03/2009 On hearing counsel for the parties this writ petition is being disposed of with a direction to the Collector, Begusarai to release Sonalika Tractor bearing No. BR-9C-3915 (wrongly described as BR- 9G-3215) with the bags of Fertilizers loaded on the above tractor seized under the seizure list dated 29.10.2008 (Annexure-4) and forming the subject matter of Confiscation proceeding in Phulwaria P.S. Case No. 144/2008 dated 1.11.2008 registered under sections 420, 467, 468, 4712, 406, 407, 166, 167, 168 read with Section 120-B of the Indian Penal Code and section 7 of the Essential Commodities Act on the petitioner’s furnishing adequate security to his satisfaction. It is made clear that the Collector shall not insist for cash security and it will be open to the petitioner to offer immovable properties as security for the release of the seized articles and the Collector shall accept the same, if otherwise found suitable. It is further made clear that though this writ petition is being disposed of, the order of release of the seized article in favour of the petitioner is a provisional and interim arrangement and the security furnished for the release of the article shall abide by the final order that may be passed in the confiscation proceeding and/or criminal case - 2 - arising from the seizure. This writ application stands disposed of. (J. B. Koshy, CJ.) AMIN