IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19070 of 2011 1. Sonu Kumar @ Sannu Kumar S/O Shivaji Prasad Resident Of Malahi Bazar , Police Station - Govind Ganj (Malahi) And District - East Champaran (Motihari) Versus 1. The State Of Bihar 2. District Magistrate , East Champaran (Motihari) 3. The District Agriculture Officer ,East Champaran (Motihari) 4. Sub Divisional Officer , Areraj , East Champaran (Motihari) 5. The Block Development Officer ,Areraj , East Champran (Motihari) 6. Officer - In- Charge, Goving Ganj (Malahi) Police Station , East Champaran (Motihari). with CWJC No.19115 of 2011 1. Krishna Kumar Son Of Vishwanath Prasad Resident Of Malahi Bazar, Police Station - Govind Ganj (Malahi) And District - East Champaran (Motihari) Versus 1. The State Of Bihar 2. District Magistrate East Champaran ( Motihari) 3. The District Agriculture Officer East Champaran ( Motihari) 4. Sub Divisional Officer Areraj, East Champaran (Motihari) 5. The Block Development Officer Areraj, East Champaran (Motihari) 6. Officer-In-Charge Goving Ganj (Malahi) Police Station, East Champaran ( Motihari) with CWJC No.19179 of 2011 1. Anita Devi W/O Binod Kumar R/O Malhi Bazar, Police Station - Govind Ganj (Malahi), And District - East Champaran, Motihari Versus 1. The State Of Bihar 2. The District Magistrate, East Champaran (Motihari) 3. The District Agriculture Officer, East Champaran (Motihari) 4. Sub Divisional Officer, Areraj, East Champaran (Motihari) 5. The Block Development Officer, Arearj, East Champarn (Motihari) 6. Officer In Charge, Goving Ganj (Malahi) Police Station, East Champaran, Motihari 2 23.11.2011 The petitioners pray for release of the fertilizers which has been seized by the respondent authorities in connection with Govind Ganj (Malahi) P.S. Case No.179 of 2011 instituted under section 7 of the E.C. Act. On information that fertilizer dealers are indulging in black marketing and have stored huge quantities of fertilizers, the informant raided their shops and godown. The shops were 2 KHAN found locked and no papers were produced. The petitioners controvert the allegations of black marketing. Counsel for the State submits that the petitioners were indulging in black marketing of fertilizers and as such seizure was made and F.I.R. bearing Govind Ganj (Malahi) P.S. Case No.179 of 2011 under section 7 of the E.C. Act was instituted against the petitioners. I have heard learned counsel for the parties. I need not go into the rival submissions made by the parties as the relief is limited to release of the fertilizers. Further more, the fertilizer is a perishable commodity and no useful purpose would be served in keeping the same under the seizure over a longer period of time. As such, I direct that the fertilizers seized in connection with Govind Ganj (Malahi) P.S. Case No.179 of 2011 be released in favour of the petitioners on their furnishing adequate securities, 10% in form of cash security to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari. The release of the fertilizers would be subject to the result of the criminal prosecution and confiscation case, if any. With the aforesaid observations and directions, these writ petitions are disposed of. Let a copy of this order be communicated to the Chief Judicial Magistrate, East Champaran, Motihari through fax at the cost of the petitioners. (S.P.Singh,J) 3