1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29529 of 2010 CHIT RANJAN SINGH, S/o. Sri Binda Singh, Versus THE STATE OF BIHAR ----------- 02. 11.10.2010 The petitioner apprehends his arrest in Hathauri P.S.Case No. 137 of 2009 under Section 7(a)(ii) of Essential Commodities Act. Heard. The petitioner is a retail dealer dealing in fertilizers. The informant Dinesh Kumar, Block Agricultural Officer, Bochha alleged in the F.I.R. that on 28.09.2009 at 1.35 p.m. he inspected the sale of fertilizer shop of the petitioner/dealer but the shop was closed without any prior information, due to which he could not make inspection. It was further alleged that the informant had received complaint that the petitioner had received a stock of 5 MT of D.A.P. but without getting the stock verified by him (informant) he sold the same in black market and that day when he had visited the petitioner’s shop the stock was not displayed at the shop. Learned counsel for the petitioner submits 2 that the petitioner had gone to Bochha Block on 9.10.2009 and 10.09.2009 and had tried to contact with Block Agricultural Officer for verification of received stock for distribution of D.A.P. fertilizer allotted to him on 08.10.2009 but he was not there. Hence, under order of Mukhiya vide Annexure-4 he made the sale to the agriculturists between 11.10.2009 to 14.10.2009. It is also submitted that thereafter the petitioner had gone to his doctor for consultation with regard to his ailment. A prescription by the doctor vide Annexure-6 has been filed. Learned Addl.P.P. referred the notification No.5-F-33-85/5513 dated 16.04.1986, whereby the Block Development Officer and on his absence Block Agriculture Officer of the concerned block has been vested with all the powers of inspection as mentioned under Section 28 of the Fertilizer (Control) Order, 1928(hereinafter referred to as the order). Thus, it was submitted by the learned Addl.P.P. that informant i.e. the Block Agriculture 3 Officer has all the powers of inspection to inspect the stock and register of the fertilizer but the fertilizer was sold without getting the stock verified by him before distribution. Learned counsel for the petitioner submits that in view of the powers as given under the order, the block Agriculture Officer have got powers to inspect and seize but there has not been issuance of any office order or notification requiring the fertilizer dealers to get the stock verified in advance by the Block Agriculture Officer before it is sold to the agriculturist. No such order as pointed out by the learned Addl.P.P. Learned counsel for the petitioner submitted that the petitioner sold the fertilizer under the order vide Annexure-4 of the Mukhiya of Gram Panchayat and that he has also issued cash memo for sale of the fertilizer on its fixed price. In the facts and circumstances, in the event of arrest/surrender within four weeks from today, let the petitioner Chit Ranjan Singh be released on 4 anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, East Muzaffarpur in connection with Hathauri P.S. Case No. 137 of 2009, subject to condition laid down under Section 438(2) of the Cr.P.C. Mkr. (C.M. Prasad, J.)