IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12374 of 2009 KUNDAN KISHOR @ KUNDAN KRISHNAN, SON OF SRI HARENDRA PRASAD, PROPRIETOR OF M/S SHREE GANESH FERTILIZERS, HATHIYA GODAM, P.S. BALLIA, DISTRICT BEGUSARAI----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, BEGUSARAI----RESPONDENTS. ----------- 03. 08.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner trades in fertilizer. He was made accused in Balia P.S. Case No. 195 of 2008 dated 16.10.2008, Annexure-1 registered for the offence under Section-7 of the Essential Commodities Act. His fertilizer, although, seized, later the confiscation proceeding has been dropped after notice to the house owner, wherefrom fertilizer bags were seized. The case of the house owner was that the fertilizer belongs to the petitioner and on that basis petitioner has already been made accused in the First Information Report. Such fact has already been noted by this Court in the opening line of this order, yet counsel desires that the said fact be again noted in this order. 3. Counsel for the State also admits the position on the basis of the documents appended with the writ application that the confiscation proceeding for confiscating the fertilizer seized from the house has already been dropped and the ownership of the fertilizer has already been established at the instance of the house - 2 - owner as also the informant and petitioner is said to be the owner of the fertilizer seized. 4. Let the petitioner appear before the Collector, Begusarai and request him to release the fertilizer establishing his claim that the confiscation proceeding has already been dropped. The learned Collector, Begusarai should pass appropriate order in accordance with law as early as possible, in any case within one month from the date of appearance of the petitioner in regard to the release of the sale proceeds as it is admitted position that the fertilizer seized has already been sold. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)