IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17809 of 2009 1. NAGNARAIN BHAGAT, SON OF LATE BHUNESHWAR BHAGAT 2. JAI PRAKASH BHAGAT, SON OF NAGNARAIN BHAGAT BOTH RESIDENT OF MOHALLA HATKHOLA ROAD, SUPAUL, P.S. SUPAUL, DISTRICT SUPAUL. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 27.11.2009 This application has been filed against the order dated 24.2.2009 passed by Sessions Judge, Saharsa in Cr. Rev. No. 191/2008(S) and order dated 14.10.2008 passed by Sub-divisional Judicial Magistrate, Supaul in connection with G.R. Case No. 1163/2007 corresponding to Supaul P.S. Case No. 290/2007. The petitioners applied for release of fertilizer seized at the time of the institution of the First Information Report. The application was made on 7.6.2008. Both the Courts have rejected the application on the ground that the fertilizer could not be released in view of Section 6 (E) of the Essential Commodities Act. Section 6(E) of the Essential Commodities Act envisages that in a case where confiscation proceedings are pending, fertilizer seized should not be released to the person concerned. Learned counsel for the petitioners categorically states that till date no confiscation proceedings have been instituted against the petitioners and as such the ground taken for rejecting the application for release of the fertilizer is nonest. In the facts aforesaid, I direct that the S.D.J.M., Supaul should confirm whether any confiscation proceedings are pending with respect to Supaul P.S. Case No. 290/2007 giving rise to G.R. Case No. 1163/2007 within two weeks on receipt/production of a copy 2 of this order and if no such proceeding is pending release fertilizer since fertilizer is perishable items, in favour of the petitioners. This application is thus disposed of. Sanjay (Sheema Ali Khan, J.)