IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.802 of 2010 UMA SHANKAR THAKUR, Son of Ram Bahadur thakur, resident of village Goregawa, P.S. Kundwa Chainpur, District East Champaran, Motihari, Proprietor of M/s Bhawani Traders, chand Mohan (Bajat Chowk), P.S. Kundwa Chainpur, district East Champaran at Motihari. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Sub-Divisional Agriculture Officer –cum – Fertilizer Inspector, Sikarhana, District East Champaran. . . . . Respondednts. For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tewari, Advocate For the State : Mr. Santosh Kumar Singh, SC 22 ----------- 3/ 17.09.2010 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for quashing the seizure of 3234 bags of fertilizers of different varieties seized in connection with Kundwa Chainpur P.S. case no. 21 of 2010, under Section 7 of the Essential Commodities Act. The main allegation is that there was discrepancy in the stock of fertilizer. A counter affidavit has been filed on behalf of State, stating therein that there is violation of terms of Fertilizer Control Order, 1985. Heard the counsel for the parties, this Court is of the view that no useful purpose would be served to allow the fertilizer to remain under seizure pending final disposal of the criminal case or confiscation case, if any. The fertilizers would be valuable input for agriculture produce. For the present, this Court is not going into the merit or otherwise in the allegation. In the circumstances, this court directs that if petitioner files application before the Sub-Divisional Judicial 2 Magistrate, Sikarhana, Motihari in Kundwa, Chainpur P.S. case no. 21 of 2010, the learned Magistrate would release the fertilizer in question on furnishing adequate sureties, 5 per cent of which would be in form of case deposit. As there is no provision in the Fertilizer Control Order for sealing of the premises, the respondent no.2 or authority concerned would unlock the seal as well. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)