IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4057 of 2008 1. Ram Babu Bhagat, S/O-Sri. Prabhu Prasad Bhagat. 2. Baski Nath Bhagat, S/O-Late Debi Prasad Bhagat Both resident of Village-Balrampur, P.S.-Balrampur, District-Katihar. …….Petitioners. Versus 1. The State Of Bihar 2. Sub-Divisional Agriculture Officer, Katihar. ……Respondents. ----------- 02. 31.03.2009 Petitioners’ premises were raided. They were allegedly found carrying on business without certificate of registration duly granted under the provision of Fertilizer Control Order, 1985. The stocks of fertilizers were seized as per seizure list contained in Annexure-1 on 13.11.2007 and pursuant to the seizure aforesaid, Balrampur P.S. Case No. 51 of 2007 was instituted under Section 7 of the Essential Commodities Act for allegedly carrying on business of fertilizers without certificate of registration. While questioning the legality of the seizure, Sri. N.K. Agrawal, learned senior counsel submits that as per government notification published on 13.01.1993, retail dealers dealing in less than 10 M.T. of the fertilizers were exempted by the State Government and admittedly it is not alleged nor as it been found that the petitioner was doing business in quantity exceeding the said limit. In my view, at this stage, it will not be proper for this Court to decide this issue. However, as fertilizers would 2 get spoiled due to deterioration and would cause loss to everybody with no gain to anybody and is lying since long, I direct the Court Below to direct the release of the ceased fertilizers as per Annexure-1 in favour of the petitioners on furnishing securities to the satisfaction of the S.D.J.M., Katihar which would be subject to the prosecution and petitioner would abide by orders of the Court in this regard. With these observations and directions, the writ application stands disposed of. Let a copy of this order be communicated to the learned S.D.J.M., Katihar at the cost of the petitioners. Shageer (Navaniti Prasad Singh, J)