IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.365 of 2010 NEM CHAND SHARDA & ORS Versus STATE OF BIHAR & ANR ----------- 2 6.10.2010 Heard counsel for the petitioner and the State. The petitioners pray for quashing of the order dated 14.1.2010 passed by the S.D.J.M., Birpur, Supaul by which by misreading the order dated 29.9.2008 passed in Cr.W.J.C.No.723 of 2008 has rejected the release petition dated 22.12.2008 filed by the petitioners. It appears that this court by order dated 29.9.2008 passed in Cr.W.J.C.No.723 of 2008 directed that if the petitioners file an application before the court below for release of the seized fertilizers in Karijain P.S. Case No.61/07, the learned Magistrate after being satisfied about the ownership and on their furnishing sufficient security would release the same in their favour. This court further observed that the release of the seized articles would be subject to the result of the confiscation and/or criminal proceeding. It appears that the learned Magistrate by misreading the order dated 29.9.2008 rejected the application of the petitioners for release of the seized fertilizers. Counsel for the State submits that he is not in a position to say whether the seized fertilizers has been sold or not. However, he submits that the confiscation proceeding was initiated. 2 KHAN Having heard counsel for the parties, this court observes that if the confiscation case has not been decided against the petitioners and the seized fertilizers have not been sold by now, the same would be released by the learned S.D.J.M., Birpur, Supaul in favour of the petitioners after being satisfied about the ownership of the seized fertilizers and on their furnishing sufficient security to his satisfaction, 10% of which would be in form of cash security. 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)