IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19737 of 2011 Binod Kumar, Son of Muso Sah, resident of Khairma, P.S. Jamui, District-Jamui, Proprietor of M/S Swastik Trading Company, Khairma, Jamui. . . . . . Petitioner. Versus 1. The State of Bihar. 2. The Sub-Inspector of Police, Telia Bumber, O.P. Munger. For the Petitioner : Mr. N.K. Agrawal, Sr. Adv. : Mr. D.N.Tiwari, Adv. For the State : J.C. to GA 10. . . . . . Respondents. ---------------------------------- 2/ 21.12.2011 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for quashing seizure of 400 bags of Urea, each of 50 Kgs. seized in connection with Sangrampur P.S. case no.99 of 2011 under Section 7 of the Essential Commodities Act and 420 of the Indian Penal Code. The petitioner submits that the fertilizer was seized while it was coming to his business premises. Counsel for the State submits that the whole episode was suspicious, as the route adopted by the vehicle was not direct route for the petitioner’s business premises. The fertilizer is perishable commodity and no useful purpose would be served in keeping the same under seizure of the respondents. In the circumstances, if the petitioner files an application before Sub-Divisional Judicial Magistrate, Munger, he / she would release the fertilizer on adequate sureties, 5 % of which would be in form of cash deposit. The release would be subject to criminal prosecution 2 / confiscation proceeding if any. Let the order be communicated to the Court of Sub- Divisional Judicial Magistrate, Munger through FAX at the cost of the petitioner. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)