IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.1321 of 2010 ANUP KUMAR CHOUDHARY, son of Ramdas Choudhary, resident of Village Chilnil, P.S. Barahat, District Banka. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. The District Agriculture Officer, Banka. ---Respondents ----------- 2. 18.3.2011 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing of the seizure of a public carrier truck bearing No.NL-05-D7622 by the District Agriculture Officer, Banka on 3.10.2010 in connection with Rajaun Police Station Case No.167/2010 registered for the alleged offences under section 7 of the Essential Commodities Act. Alternatively, the petitioner prays for release of the aforesaid seized truck in favour of the petitioner on furnishing the relevant documents in support of the ownership and also on furnishing adequate security, subject to the result of the aforesaid criminal case and/or confiscation proceeding, if any. Learned counsel appearing for the State opposes the prayer for release and submits that without verifying/satisfying the ownership of the vehicle, the same should not be released. Considering the rival submissions of the parties, this Court is of the opinion that the continuing the seizure of the aforesaid truck for a long time is not justified. In the above circumstances, it will be open for the petitioner to file an application before the court of the Chief Judicial - 2 - Magistrate, Banka for release of the aforesaid truck. In case such an application is filed within a period of two weeks, the same be considered by him in accordance with law. On considering the relevant documents with respect to the ownership of the vehicle in question and on being satisfied with the adequate security furnished by the petitioner, the truck in question may be released in favour of the petitioner, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of four weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. As prayed for, let a copy of this order be handed over to the learned counsel appearing for the State. Let this order be communicated to the court of the Chief Judicial Magistrate, Banka in connection with Rajaun Police Station Case No.167/2010 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)