IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16701 of 2009 1. RAM NARESH RAI S/O LATE ASHARFI RAI R/O VILL.- DUMHARPATTI, P.S. PUPRI, DISTT.- SITAMARHI 2. AJAY KUMAR CHOUDHARY @ PAPPU KUMAR CHOUDHARY S/O SRI SHEO SHANKAR CHOUDHARY R/O PUPRI BAZAR, P.S. PUPRI, DISTT.- SITAMARHI, PROPRIETOR OF CHOUDHARY KHAD BEEJ BHANDAR, PUPRI, SITAMARHI Versus 1. THE STATE OF BIHAR 2. INCHARGE BLOCK AGRICULTURE OFFICER, PUPRI, SITAMARHI ----------- For the Petitioner: Mr.N.K.Agrawal,Sr.Adv. and Mr.D.N.Tiwari. For the State : Mr.Anwar Karim,A.C. to S.C.V 2 14.12.2009 This is in respect of release of public carrier truck bearing registration no.BR-06G/4901 and 200 bags of fertilizer loaded thereon, which was seized by the Incharge Block Agriculture Officer, Pupri, Sitamarhi giving rise to Pupri P.S.Case no. 215/2009 registered under Section 7 of the Essential Commodities Act. As per F.I.R., the allegation is that while the Incharge Block Agriculture Officer, Purpri alongwith Sub-divisional Officer were going on High Way, they found a truck, which was passing through loaded with fertilizer .They felt suspicion and stopped the truck and demanded the papers of fertilizer, whereupon the driver disclosed that the fertilizer was being taken to the shop of petitioner no.2- Ajay Kumar Choudhary @ Pappu Kumar Choudhary and thereafter escaped. Petitioner no.1 is the owner of public carrier truck. It is thus alleged that as no paper could be produced for transporting the fertilizer, the same was seized and the case lodged. - 2 - Learned counsel for the petitioners restricts his prayer for release of the fertilizer. He submits that there is no law that for transportation of fertilizer, papers are required to be produced in course of transportation of fertilizer. Petitioner no.2 holds a duly issued retail certificate of registration. In that view of the matter, it is further submitted the inspecting authority has no reason to believe that there was any contravention of the Fertilizer Control Order and merely on suspicion they stopped the truck on High Way and then lodged a case. This itself vitiates the inspection and the consequential seizure. Be that as it may, as the case has already been lodged, no useful purpose would be served by doing the fertilizer remain seized, specially when this is the season for sale of fertilizer. In that view of the matter, I direct that the truck bearing registration no. BR-06G/4901 and 200 bags of fertilizer be released to petitioner nos. 1 and 2 respectively on proper security and identification to the satisfaction of Sub-divisional Judicial Magistrate, Purpri , Sitamarhi . It could be ,however, subject to the final result of the criminal case and the confiscation proceedings, if any. With the aforesaid observation and direction, this application sands dispose of. Let a copy of this order be sent to learned Sub-divisional Judicial Magistate, Purpri, Sitamarhi by FAX at the cost of the petitioners. singh (Navaniti Prasad Singh,J)