IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10241 of 2009 RAVISH BHADANI Versus THE STATE OF BIHAR & ORS ----------- 02. 21.08.2009 Let necessary correction with regard to number of the truck be made in first paragraph of the writ petition, which obviously seems to be a typographical mistake in view of what has been stated in para 3 and the FIR. Petitioner’s truck No. UP 15J-0835 has been seized because it was loaded with 275 bags of DAP fertilizer, which added up to 14 quintals. The truck was standing near what is known as Bhadani Transport and on due enquiry no papers or explanation could be offered except stating that the property belonged to one Dilip Kumar Agrawal and a report was filed by the Block Development Officer in this regard on 27.7.2006. Certain developments have taken place thereafter which has been brought to the notice of this Court. The said Dilip Kumar Agrawal filed Cr. Misc. No. 15517 of 2007 challenging his prosecution. Matter was finally decided by order dated 3.8.2007 and it was held by the learned Judge that the Block Development Officer in eye of provision of law had no authority to initiate or launch prosecution. The prosecution therefore stood quashed against him. Learned counsel for the petitioner submits that in view of the above development, matter goes to the root. It is another issue that petitioner is also an accused and he may have to obtain similar orders but taking judicial notice of the above fact, petitioner has made - 2 - out a case for release of his truck, in the meantime, because seizure was effected way back in the year 2006 and any further detention of the truck will only make it non-functional and will lose its commercial value for all times to come. In view of the above, let Truck No. UP 15J-0835 seized in connection with Kotwali P S Case No. 169 of 2006 be released in favour of the petitioner on furnishing sufficient security to the satisfaction of the learned Chief Judicial Magistrate, Gaya with a direction that the petitioner will be obliged to comply with the terms and conditions which may be levied by the Chief Judicial Magistrate in this regard. The writ application stands allowed. rkp (Ajay Kumar Tripathi, J)