IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.39 of 2011 RAMESH KUMAR @ RAMESH CHAURASIYA SON OF PREMCHAND CHAURASIYA, RESIDENT OF VILLAGE KESATH, P.S. NAWANAGAR, DISTRICT- BUXAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT AGRICULTURE OFFICER, BUXAR ----------- 2 30.03.2011 Heard learned counsels for the petitioner and the State. The prayer of the petitioner is for quashing of the seizure of 788 bags of different fertilizers seized by the District Agriculture Officer, Buxar, in connection with Brahampur P.S. Case No. 346 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 Chief Judicial Magistrate, Buxar 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 within a period of four weeks on filing of such application 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 Chief Judicial Magistrate, Buxar in connection with Brahampur P.S. Case No. 346 of 2010 through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)