Shri Narayan Shukla, J.- Supplementary affidavit filed by the peti­tioner is taken on record. 2. Heard Mr. A.M. Faridi, learned Counsel for the petitioner and Mr. Rajendra Kumar Dwivedi, learned Additional Gov­ernment Advocate for the opposite parties. 3. The petitioner has challenged the proceedings of Criminal Case No. 502 of 2011, arising out of case Crime No. 2135 of 2009, under section 3/7 Essential Com­modities Act, Police Station Bhinga, district Shrawasti, pending before the Court of Chief Judicial Magistrate, Shrawasti. 4. It is stated by the petitioner that the house in which the fertilizers were found stored, does not belong to the peti­tioner nor is he a licensee. The licensee to sell the fertilizers is Mr. Chhabban Khan @ Sher Khan. 5. Apart from the aforesaid fact, the petitioner has challenged the proceedings on the basis of several disputed facts. 6. Upon perusal of the contents of the First Information Report, I find that the District Agriculture Officer (complainant) raided the petitioner's house under the di­rection of District Magistrate and found fertilizers of various quantities in so many bags stored therein, but the petitioner failed to produce any licence to store those bags, which has been reported by the com­plainant. 7. Whether the petitioner's action comes under the action of black marketing or not, has to be determined by the Trial Court, on the basis of evidences adduced therein, therefore, I am of the view that the matter requires trial. Under the circum­stances, I am not inclined to interfere in the proceedings of the Court below. The peti­tion is dismissed. However, it is provided that if the petitioner appears before the Court below within four weeks and moves an application for bail, the same shall be considered and disposed of by the Courts below expeditiously. 8. For four weeks no coercive action shall be taken against the petitioner. Petition Dismissed.