IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.773 of 2008 RAJESH KUMAR YADAV Versus THE STATE OF BIHAR & ORS ----------- 3 29.9.2008 Heard the learned counsel for the parties. In the instant writ application the petitioner has prayed for release of the truck bearing Registration No.BT – IB – 7435 in his favour which has been seized in connection with Goraul P.S. Case No.97/08. The learned counsel for the petitioner submits that Confiscation Case no.5/08 is going on before the Collector. Vaishali. He further submits that the petitioner is the owner of the truck in question. The truck which is a Public Carrier was carrying food grains from the State Food Supply Corporation, Narainpur Anant Muzaffarpur for being taken to the State Food and Civil Supply Corporation at Sheohar, Sitamarhi. The learned counsel submits that as the said truck did not reach its destination on 6.5.2008 the other agent, namely, Santosh Kumar, himself lodged an F.I.R. with the Officer-in- Charge of Sadar Police Station, being Sadar P.S. Case No.121/08, giving all the details. Learned counsel submits that the aforesaid fact would show that the petitioner did not have any knowledge whether the driver took the truck in right direction or not. Later on it transpires that his two trucks loaded with food grains were seized near Katrahara around Goraul Block giving rise to Goraul P.S.Case No.97/08 under the provision of E. C. Act, dated 7.5.2008. He further submits that all the foodgrains were 2 intact on the said truck itself. He further submits that the petitioner filed show cause alongwith relevant documents before the Collector, Vaishali stating that the said truck may be released in his favour as the same was seized about three months back, but uptil now no order regarding release of the said truck has been passed. In respect of the same the learned counsel for the petitioner refers to Annexure-2 once again. Having heard the learned counsel for the parties this Court directs the respondent no.2 to dispose of the confiscation proceeding within a period of four weeks from receipt of copy of this order. It will be open to the petitioner to place Annexure-2 or any other documents before the Collector, Vaishali in respect of his case. With the aforesaid observations and directions this writ application is disposed of . Let the order be faxed at the cost of the petitioner. Anilksinha (Samarendra Pratap Singh,J.)