IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.645 of 2011 Raj Kumar Singh . Versus The State Of Bihar & Ors . ----------- 02. 18.07.2011 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the order dated 23rd of May 2011, whereby the prayer for release of the fertilizer in question which was seized in connection with Purnia Sadar P. S. Case No. 371 of 2010 was rejected on the ground that the reports called for from the concerned officer-In-Charge of the police station as also the District Magistrate, Purnia was not received and learned court below directed that it is not proper to release the fertilizer in question in absence of the report though reminders were sent for sending the report. Learned counsel for the petitioner submits that though the report called for from the court below in its Letter No. 422 dated 8th of December 2010, which was replied by the office of the Collector, Purnia in its Memo No. 2240 dated 13.12.2010 as contained in Annexure – 7, which was seen by the S.D.J.M. on 15.12.2010. It is further submitted that fertilizer in question is getting damaged and as such, it deserves to be released in favour of the petitioner. Learned counsel for the State submits that in absence of petitioner satisfying with respect to the ownership as also the security, no release could be made. Considering the submissions of the parties, in the opinion of the court, keeping the fertilizer seized for in ordinate delay may not be justified. It also appears from the aforesaid Memo No. 2246 dated 13th of December 2010 as contained in Annexure – 7 that no confiscation proceeding was pending till the report was submitted. In view of the above, the order dated 23rd of May 2011 (Annexure - 8) is quashed and petitioner is permitted to file fresh petition stating the relevant documents with respect to seized fertilizer within a period of three weeks. In case such petition is filed alongwith the relevant documents satisfying prima facie the claim with respect to ownership and also on furnishing adequate security, the seized fertilizer 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 stands disposed of with the above observations/directions. Let a copy of this order be communicated to the court of S.D.J.M. Purnia in connection with Purnia Sadar P.S. Case No. 371 of 2010 through fax on the cost being deposited by the petitioner. Jagdish/- ( Shailesh Kumar Sinha,J.)