IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 477 of 2010 1. ANIL KUMAR CHAURASIA S/O SRI MUNI PRASAD CHAURASIA PROPRIETOR OF RAVI KHAD BEEJ BHANDAR, R/O BAKARPUR, P.S. SONEPUR, DISTT.- SARAN Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF AGRICULTURE, PATNA, BIHAR 2. THE DISTRICT AGRICULTURE OFFICER SARAN, CHAPRA ----------- 2 17.03.2010 Heard. This Court, by order dated 18.12.2009 passed in CWJC No 17775 of 2009, inter alia, directed the release of seized stocks of fertilizer, insecticides and seeds in favour of the petitioner on proper security to the satisfaction of the Chief Judicial Magistrate. The present application has been filed for modification of the order in view of the fact that apparently, acting pursuant to this order, the learned Chief Judicial Magistrate, by his order dated 23.12.2009, has directed that the entire sale proceeds of the goods being released should be deposited in Bank and the passbook submitted to the Court till confiscation proceedings/criminal case is finally decided. In my view, this is an order of confiscation being passed even before the trial has begun. It is taking away not only the effect but the efficacy of the order of this Court. In order to avoid such contingency, I direct that the security that is required to be furnished would be other than cash or bank deposits. - 2 - With this modification, this application is disposed of and the earlier order of this Court stands modified. Trivedi (Navaniti Prasad Singh, J.)