IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.117 of 2010 MADAN MOHAN PANDEY, SON OF LATE INDRADEO PANDEY, PROPRIETOR OF M/S PANDEY BROTHERS, OBRA, P.S. OBRA, DISTRICT AURANGABAD…........................PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE BLOCK AGRICULTURE OFFICER, DEHRI, DISTRICT ROHTAS……………………………...RESPONDENTS ----------- 2. 11.03.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. On 14.12.2009, the truck of the petitioner bearing registration No. MP-09KB-0724 was intercepted with 280 bags of fertilizer loaded on it which belongs to the petitioner- firm, namely, M/s Pandey Brothers, admittedly, a registered firm to deal in the fertilizer. On enquiry, the driver informed that the fertilizer was to be unloaded at the shop of one Wakil Jee of Tilauthu. The Block Agriculture Officer, Dehri, who intercepted the truck, suspected that there was an attempt to sell the fertilizer in black-market as in normal course the truck being loaded at railway godown with the fertilizer was required to be unloaded at the shop of the petitioner’s firm and nowhere else. On this suspension, fertilizer was seized and the first information report was instituted in connection - 2 - with Dehri (T) P.S. Case No.559/2009. Learned senior counsel for the petitioner submits that on mere information from the driver, it cannot be presumed that fertilizer was being diverted off for sale in black-market. He submits that admittedly, petitioner’s firm was a registered firm and consignment had been sent lawfully for sale by the firm. Learned senior counsel submits that since the case was instituted under Section 7 of the Essential Commodities Act, a confiscation proceeding has started. He submits that the same has to reach its logical conclusion. However, as the proceeding is likely to take a long time and the seized fertilizer and the truck are at the police station, fertilizer may deteriorate and loose its potentiality making it useless for use. Hence, it is submitted that fertilizer may be released to him on such terms and conditions as the confiscating authority may fix or it may be sold in the presence of a responsible officer of the Government so that adequate consideration may be collected and the same may be paid to the petitioner after furnishing sufficient security and bond by the Confiscating authority. But he - 3 - admits that no petition for the purpose has been filed by the petitioner before the confiscating authority in the matter before this writ application was filed. In the circumstances, this writ application is disposed of and the petitioner is directed to file an application before the Collector, Rohtas at Sasaram in the confiscation proceeding for release of the fertilizer in his favour on such terms and conditions as he may fix. Alternatively, he may also pray for sale of the fertilizer in presence of his authorized representative and the sale proceeds may be made over to the petitioner on furnishing sufficient security and bond in the confiscation proceeding. In case such an application is filed by the petitioner within two weeks from today, the Collector, Rohtas at Sasaram will consider the same and pass orders either way within two weeks thereafter. It is made clear that the order passed by him in respect of the fertilizer and its release or sale shall be subject to the final outcome of the confiscation proceeding and the petitioner will not draw any advantage on account - 4 - of the same in the proceeding. With the aforesaid observations and directions, this writ application is disposed of. Let this order be sent to the office of the Collector, Rohtas at Sasaram through FAX at the cost of the petitioner. B.T (J. N. Singh, J.)