IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30092 of 2009 1. Deep Narayan Singh, son of Sri Sukdeo Singh, 2. Vijay Sah, son of Sri Garib Chandra Sah, village Pachai Mubarak, PS Raja Pakar, Dist. Vaishali – petitioners. Vs. 1. The State of Bihar, 2. The Collector, Vaishali at Hajipur. 3. The Superintendent of Police, Vaishali at Hajipur – opp. parties. 2 10.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 25.6.2009 passed by the Sessions Judge, Vaishali in Cr. Revision No. 109/2009. By the aforesaid order, the Sessions Judge in effect has asked the Chief Judicial Magistrate to take into consideration that the seizure was made from the premises of the petitioners and the Magistrate has only allowed part of the fertilizers to be released in their favour. According to the Sessions Judge the entire fertilizers should be released in favour of the persons from whom the same were seized specially in view o the fact that the police report is in petitioners’ favour and there is no other claimant. Such an order should be passed expeditiously and preferably within two months from the date of receipt of a copy of this order since fertilizer whould loose its effect if allowed to remain unutilized in the police station. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)