IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.261 OF 2010 MADAN LAL BHAGAT, SON OF LATE THAKUR PRASAD BHAGAT, RESIDENT OF VILLAGE BARDAHA, P.S. SIKTY, DISTRICT ARARIA…………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE BLOCK DEVELOPMENT OFFICER, SIKTY, ARARIA…………………………………………….….RESPONDENTS ----------- 2. 13.04.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. Petitioner has filed this application for a direction for release of the seized bags of fertilizer in connection with Sikti P.S. Case No.85/2009 instituted under Section 7 of the Essential Commodities Act. Learned senior counsel for the petitioner submits that the confiscation proceeding may take months and years to get decided and in the meanwhile, fertilizer will loose its potentiality and may become useless. Therefore, he submits that the same may be released in favour of the petitioner subject to whatever terms and conditions as may be imposed for the same by the confiscating authority. Learned counsel for the respondents submits that if the petitioner is ready to fulfill all the terms and conditions as may be imposed by the confiscating authority, seized - 2 - fertilizer can be released in his favour. Considering the nature of the article, this Court directs the confiscating authority to consider the application of the petitioner, or a fresh application, if filed by the petitioner for release of the fertilizer, and pass order for release on such terms and conditions and on his furnishing sufficient security and bond as he may fix preferably within a period of one month from the date of filing of the application by the petitioner. Release shall be subject to final result of the confiscation proceeding and the petitioner shall not derive any advantage on account of the same in the pending proceeding. The writ application is disposed of with the aforesaid observations and directions. Let a copy of this order be communicated to the office of the confiscating authority i.e. Collector, Araria in connection with Sikti P.S. Case No.85/2009 through FAX at the cost of the petitioner. B.T (J. N. Singh, J.)