IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.648 of 2010 SURENDRA PRASAD, Son of Late Ram Chandra Prasad, Resident of village Bhutahi, P.S. Sonbarsa, District- Sitamarhi. . . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. The Block Agriculture Officer, Sonbarsa, District- Sitamarhi. . . . . . Respondents. For the Petitioner : Mr. Saket Tiwary, Advocate For the State : Mr. Amit Kumar AC to SC-XXII ----------- 4/ 15.09.2010 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for quashing the seizure of 2689 bags of different varieties of fertilizer seized on 15.01.2010 by the Block Agriculture Officer, Sonbarsa, Sitamarhi in Sonbarsa P.S. case no. 10 of 2010 dated 16.01.2010 under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that there is no contravention of the provision of Fertilizer Control Order, 1985. He further submits that he has no concern with 80 bags of IFFCO urea found loaded on Truck no. BR. 06 D-4404 and the same belonged to Keshari Nandan Thakur, Chairman, PACKS, Matiyarkala. He further submits that the aforesaid truck is located on the way of petitioner’s godown. Learned counsel submits that the truck loaded with Fertilizer is in open sky at the Bhutahi out post. He further submits that in monsoon season, the fertilizer may get destroyed on account of rain and improper care of the same. He submits that he will cooperate in the criminal case and the confiscation proceeding if any. He further submits that there is no provision in the Fertilizer Control Order, 1985, which could have authorized the respondents to seize the business premise of the 2 petitioner. Having regard to the facts and circumstances of the case, this Court directs that if the petitioner files an application before the court of learned Chief Judicial Magistrate, Sitamarhi, with relevant documents, the learned Magistrate would release the Fertilizer in question in favour of petitioner on furnishing adequate bond, 10 per cent of which would be in the form of cash. Let this order be sent to the court of Chief Judicial Magistrate, Sitamarhi through Fax at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)