IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.965 of 2010 KESHARI NANDAN THAKUR, son of Later Chandeshwar Thakur, resident of Phulparash, P.S. Bathnaha, Distt. Sitamarhi, Chairman of Matiyar Kala PACS, Sitamarhi. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Block Agriculture Officer, Sonbersa, Sitamarhi. . . . . . Respondents. ----------- 2/ 27.09.2010 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner prays for release of 80 bags of IFFCO Urea, each containing 50 Kgs., seized on 15.01.2010 by the Block Agriculture Officer, Sonbersa, Sitamarhi in Sonbersa P.S. case no. 10 of 2010 under Section 7 of the Essential Commodities Act. As per the prosecution case, two trucks loaded with fertilizers were found standing in front of the godown of the petitioner. No one appeared and showed any document in respect of the same. The prosecutrix made seizure list of fertilizers found in the godown as well as those on the truck. As no paper was produced in respect of fertilizers loaded on the truck, it was suspected that the same have been kept for sale in black market. Learned counsel for the petitioner submits that petitioner is a retail licensee and carries business in fertilizer. Counsel for the State submits that the petitioner is not showing adequate papers or explanation in respect of fertilizers, so seized. Having heard the counsel for the parties, this Court for the present is not going into the merit of allegation and defence put forth by the petitioner. The fertilizer is a perishable commodity and can 2 lose its effectivity, if it remained uncared and unprotected. In the circumstances, this Court directs that if the petitioner files an application before the learned Chief Judicial Magistrate, Sitamarhi with relevant documents, the learned Magistrate would release the Fertilizer in question in favour of petitioner on due verification on furnishing adequate security, 10 per cent of which would be in the form of cash security. 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.)