IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16461 of 2009 1. SANJAY KUMAR @ SANJAY KUMAR HISARIA S/O RAM RATAN PRASAD R/O AKHARA GHAT ROAD, P.S. TOWN, DISTT. MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MUZAFFARPUR 3. THE DISTRICT AGRICULTURE OFFICER MUZAFFARPUR 4. THE BLOCK AGRICULTURE OFFICER MUSAHARI, DISTT. MUZAFFARPUR ----------- 3 16.12.2009 The present writ petition is restricted to release of fertilizer and other commodities, as seized by the Block Agriculture Officer, Musahari, Muzaffarpur on 7.11.2009,as per seizure list, as contained in Annexure 1. It appears that an inspection was conducted in the business premises of the petitioner at Akhara Ghat Road, Muzaffarpur at about 9 P.M. It is alleged that the informant i.e. Block Agriculture Officer was told by some one that the dealer had sold some stocks of DAP fertilizer in black market and had vanished. The Block Agriculture Officer was also told that unauthorisedly at Sikandarpur , petitioner had stocked some fertilizer. Both premises were sealed. On the next day, the two premises were opened. From the sale point at Akhara Ghat Road ,some stock of fertilizer was found but no DPA was found but from Sikandarpur, which was allegedly an unauthorized place, the fertilizer, as seized, was found. On basis of this allegation, two seizure lists were prepared on 7.11.2009. Based on this allegation , on 8.11.2009 an FIR was lodged giving rise to Muzaffarpur (Town) P.S.Case no. 515 of 2009 dated 8.11.2009 registered u/s 7 of the 2 E.C.Act alleging that as per information petitioner was alleged to have sold DPA fertilizer in black market and stocking fertilizer in unauthorized premises. The stock register contained some over- writing. Mr. N.K.Agrawal, learned Senior counsel appearing in support of the writ petition submits that the petitioner is a proprietor of Ashok Tyre Agency and has a certificate of registration for dealing in fertilizer. An information with regard to sale point and storage depot was given and duly approved, which was not within the knowledge of the Block Agriculture Officer, who was not a licensing authority and it is for this reason, this wrong allegation of illegal storage point has been made. With regard to sale of DPA in black market , he submits that it is a hear say and cannot be made foundation for any action. So far as cutting or overwriting in stock register is concerned, learned counsel for the petitioner submits that this is not an offence in any manner. Thus, for the purpose of release , he submits that, prima facie, no offence has been committed. Learned counsel for the petitioner submits that though the petitioner has not received any written communication but it appears that the Collector has initiated a confiscation proceeding and without notice to the petitioner has already ordered for sale of the seized fertilizer and DPA. He submits that in view of the aforesaid, it would cause irreparable loss and injury to the petitioner. Having heard learned Counsel for the parties and with their consent, this application is being disposed of at this stage itself. 3 Mr. N.K.Agrawal, learned Senior Counsel confiend his relief to matter of release only. In view of the facts aforesaid, it is directed that the seized stock of fertilizer and other commodities, as per two seizure lists prepared in the present case would be released to the petitioner immediately on sufficient security to the satisfaction of learned Sub- divisional Judicial Magistrate, Muzaffarpur (East) in relation to Muzaffarpur (Town) P.S.Case no.515 of 2009. This would be subject to the result of criminal case and/or confiscation proceeding. In case by the time, order of this Court is given effect to, if any, stock has already been sold pursuant to order of the Collector, the sale proceed would be released to the petitioner on furnishing security to that effect to the Criminal Court. This disposes the writ petition. Let a copy of this order be communicated through FAX to learned S.D.J.M., Muzaffarpur (East), at the cost of the petitioner. Singh (Navaniti Prasad Singh, J.)