IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.41 of 2011 RAVI SHANKAR KUMAR . Versus THE STATE OF BIHAR & ANR. . ----------- 03. 25.04.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for release of 1031 bags of fertilizer which was seized in connection with Hulasganj P.S. Case No. 78 of 2010 instituted for the alleged offence under Section 7 of the Essential Commodities Act and Section 420 /34 of the Indian Penal Code. It is submitted that keeping the fertilizer seized is causing serious loss to the petitioner and the fertilizers are also getting spoiled. Learned counsel for the State submits that the fertilizers could not be released in favour of the petitioner unless the petitioner satisfies the ownership and also furnishes adequate security provided it is not sold as yet. Considering the rival submission of the parties, in case the seized fertilizers in question has not been sold as yet, it will be open for the petitioner to file an application within a period of three weeks with relevant documents with respect to ownership over the fertilizers. 2 In case such application is filed, the same be considered in accordance with law and on being satisfied with the ownership as also the adequate security, the fertilizers in question be released in favour of the petitioner provided the same has not been sold as yet. Let a copy of the order be communicated to the court of Chief judicial Magistratate, Jehanabad in connection with Hulasganj P.S. Case No. 78 of 2010 through fax on the cost being deposited by the petitioner. The writ application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)