IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.723 of 2008 1.NEM CHAND SHARDA 2.CHANDRA KISHORE MEHTA 3.RAGHUNATH SAH 4. BIMAL KUMAR VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, SUPAUL 3. DISTRICT AGRICULTURE OFFICER, SUPAUL 4. B.D.O., RAGHOPUR, SUPAUL 5. B.D.O.,PRATAP PUR, SUPAUL ----------- 4 29.9.2008 In the instant writ petition the petitioners pray for release of fertilizers and wheat seeds, which were seized by the Block Supply Officer giving rise to Karjain P.S. Case No.61 of 2007 registered under section 120 of the Penal Code and section 7 of the E.C.Act, in their favour on furnishing adequate scurity. Learned counsel for the State submits that the petitioners have committed alleged violation of Fertilizer Control Order, 1985 and they have been rightly prosecuted under section 7 of the E.C.Act. Having heard learned counsel for the parties, this court is of the view that no useful purpose would be served by allowing the commodities like Fertilizers and wheat seeds to remain under seizure pending final disposal of the case. For the present this court would not like to go into the merit or otherwise of the allegations made in the F.I.R. In the circumstances, this court directs that if the petitioners file applications before the S.D.J.M., Birpur, Supaul for release of the seized articles in Karjain P.S. Case No.61 of 2007, the learned Magistrate would release the same in their favour after being satisfied - 2 - KHAN about the ownership of the seized articles in question and on furnishing sufficient security to his satisfaction. It would be open to the learned Magistrate to keep a small quantity of seized articles in one of the seized bags for being used in the trial of the case, if it is so required. It is made clear that the release of the seized articles will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioners. (S.P.Singh,J)