IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.448 of 2011 Saket Kumar, son of Sri Shiv Kumar Sharma, resident of Gulabbagh, P.S-Sadar, Distt-Purnea, Proprietor of M/s Hanuman Store, Gulabbagh. Versus 1. The State Of Bihar through Seceretary Food and Civil Supply. 2. The District Agriculture Officer, Purnea. ----------- 2. 17.05.2011 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner is for quashing the seizure of 1602bags of different varieties of fertilizer by the District Agriculture Officer, Purnea on 04.03.2011 in connection with Sadar P.S. Case No. 65 of 2011 for the alleged offence under Section 7 of the Essential Commodity Act, alternative prayer of the petitioner is for release of the aforesaid seed fertilizer in his favour. Learned counsel for the State submits that fertilizer may not be released in favour of the petitioner without satisfying his ownership and also without furnishing adequate security. Considering the submission of the parties and the opinion of the Court keeping that fertilizer under seizure for justified considering. In view of the above in case petitioner makes an application for release of the aforesaid fertilizer stating relevant details within a period of three weeks along with the certified copy of the present order, the application be considered in accordance with law expeditiously preferably within a period of three weeks on receipt of such application filed by the petitioner after serving a 2 copy to the State Counsel in advance. It is further directed that on being satisfied with respect to the ownership of the fertilizer as also on furnishing of adequate security to the satisfaction of the Court below the aforesaid seized fertilizers be released in favour of the petitioner subject to the final result of the aforesaid police case/confiscation proceeding if any against the petitioner. Let the copy of this order be communicated to the Court of Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. Case No. 65 of 2011 through fax on the cost being deposited by the petitioner. Prakash ( Shailesh Kumar Sinha , J.)