IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40949 of 2011 Nikhil Modi son of late Suresh Modi, Director of M/s Sai Fertilizer Pvt. Ltd. 21, Princep Street, 2nd Floor, Kolkata – 700072 having also its office situated at Jamal Road, Opposite Jagtarini Tower, P.S.-Kotwali, Town and District- Patna. Versus The State of Bihar -------------- 2. 7.12.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 2(h), 2(q)(i), 19 and 28 of the Fertilizer Control Order, 1985 and under Section 7 of the Essential Commodities Act. The first information report was instituted on the basis of a typed report submitted under the signature of District Agriculture Officer, Patna to the Officer-in-Charge of Fatuha Police Station. According to the prosecution case, on 4.4.2009 fifteen samples of Uma Super, Single Super Phosphate were collected from the Buffer Stock, Fatuha of M/s Sai Fertilizer Private Limited, Jamal Road, Patna and out of those collected samples, five samples were sent to the District Agriculture Officer, Patna on 8.4.2009 and rest ten samples were sent to the Regional Fertilizer Control Laboratories, Kalyani (West Bengal) for analysis. In the analysis report, the samples were found to be sub- standard and thereafter, the Agriculture Director asked for a show cause from the petitioner on 11.6.2009. M/s Sai Fertilizer Private Limited was also asked to stop its sales and exhibits till next order. 2 The direction was not complied with and thus the first information report was instituted on 16.9.2010. It is submitted that first information report was instituted pursuant to the order contained in Memo No. 1058 dated 1.9.2010 issued under the signature of Mr.B. Rajendra which is a part of the first information report. From perusal of the said order it transpires that the Agriculture Director, Bihar, Patna directed the District Agriculture Officer, Patna to lodge a first information report and at the same time M/s Sai Fertilizer Limited was given liberty to file an appeal against the same order within thirty days before the Agriculture Production Commissioner, Bihar, Patna. The Company filed an appeal against the order of Director Agriculture before Agriculture Production Commissioner, Bihar, Patna within the stipulated time. The appellate authority considered the memo of appeal, the show cause submitted on behalf of the petitioner and the related laws involved therein. The appellate authority by order dated 29.9.2011 as contained in annexure- 2 to this petition, allowed the appeal of the Company. The order dated 31.8.2011 passed by Agriculture Director, Bihar, Patna was set aside and the certificate of registration of the appellant-Company was ordered to be restored. The appellate authority noticed the illegality committed in the process of testing and sampling of fertilizer and found that it was quite unsafe to rely on the report in view of the fault found in storage of the samples of the fertilizer in question. Taking into consideration the facts and 3 circumstances of the case, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Fatuha P.S.Case No. 366 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. (Ashwani Kumar Singh, J.)