IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.415 OF 2010 ANIL KUMAR, SON OF LATE KISHORI LAL SAH, RESIDENT OF VILLAGE MANSOORPUR, P.S. VAISHALI, DISTRICT VAISHALI, AT PRESENT RESIDENT AT MOHALLA CHANDANI CHOWK, P.S. BRAHAMPURA, DISTRICT MUZAFFARPUR…PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, MUZAFFARPUR 3. THE BLOCK AGRICULTURE OFFICER, SARAIYA, MUZAFFARPUR……………………………...RESPONDENTS --------- 2. 18.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s pick-up van bearing registration no. BR-6Q-3557 (wrongly mentioned in the F.I.R. and in the seizure list as BR-1Q/355) was seized with 200 bags of fertilizer on the allegation that the same was being used in black- market and a case under Section 7 of the Essential Commodities Act was registered. Learned counsel for the petitioner submits that the confiscation proceeding may take a long time and pick-up van lying in open may be exposed to vagaries of nature. Therefore, he submits that pick-up van may be released to the petitioner on such terms and conditions as may be imposed for the purpose. Considering the fact that the confiscation proceeding will take a long time - 2 - before the concerned authority, the confiscating authority is directed to release the said vehicle on its satisfaction of the ownership of the vehicle and on furnishing sufficient security and bond which will include bank guarantee in respect of the said vehicle and with such terms and conditions as it may choose to impose. This release will be subject to the final result of the confiscation proceeding and petitioner shall not take any advantage in the proceeding on account of the said release. Person in whose favour vehicle is released will not change the physical feature of the vehicle and shall not sell the same and shall produce the same before the concerned court or the authority, as and when required. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)