IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.365 of 2008 PRAMOD KUMAR & ANR Versus THE STATE OF BIHAR & ANR ----------- 2. 13.5.2008 In the instant application the petitioner has challenged the seizure of his two public carrier trucks bearing Truck No. BR-386222 and BRG- 37- 4411 by the Block Supply officer giving rise to special case No. 10 of 2008 registered Under Section 7 of the E.C. Act as well as also for release of wheat loaded thereon. As per the allegation, it has been alleged that no paper was produced by the driver of the trucks in question in relation to carrying the wheat. As such the informant believed that the wheat was being carried for black marketing and the driver and other accused are involved in this. Learned counsel is the owner of the trucks in question and as the drivers have fled away he would stand responsible for delivering the wheat to the owner. This Court in the present is not inclined to go into merit or otherwise of the allegation, it can not be disputed that the commodities seized is wheat and it is susceptible to decay. Similarly no useful purpose would be served by letting this vehicle remain in confinement of district administration till trial is over. Considering the aforesaid facts, this Court directs that if the petitioner files an application for release of trucks of the wheat in question before SDJM Araria then on being satisfied in respect of ownership of the same, the learned Magistrate will pass appropriate order in respect of their release on furnishing sufficient security. It is made clear that this release order would be subject to result of - 2 - confiscation proceedings if any or as well as the result in criminal trial. With the aforesaid observations and directions this writ application is allowed. Let the order be communicated to the Court concerned at the cost of the petitioner. Shageer (S.P.Singh, J)