IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21520 of 2011 1. Om Prakash Gupta S/O Ram Ekbal Sah R/O Village- Parwejabad Gola Bazar, Sonepur, P.S.- Sonepur, District- Saran 2. Dheeraj Kumar S/O Late Gulabchand Sah R/O Village- Kanchanpur Dhunushi, P.S.-Kartaha, District- Vaishali 3. Anup Kumar S/O Ramashankar Sah R/O Village- Parwejabad Gola Bazar, Sonepur, P.S.-Sonepur, District- Saran 4. Sanjay Kumar S/O Ram Bijul Sah R/O Village- Parwejabad Gola Bazar, Sonepur, P.S.- Sonepur, District- Saran 5. Satyanarayan Prasad S/O Late Raghunath Sah R/O Village- Garkha, P.S.- Garkha, District- Saran 6. Rajesh Kumar Gupta S/O Satyanarayan Prasad Kr/O Village- Garkha, P.S.- Garkha, District- Saran Versus 1. The State Of Bihar 2. The Circle Officer Cum Block Supply Officer, Dighwara, Saran ---------------------------------- 2 15.12.2011. All the six aforementioned petitioners are said to be owners of trucks bearing registration nos. (1)BR 01GA/6613, (2)UP 63F/9637, (3)UP 66D/9247 (4)BR 1G/7034, (5)BR 25A/2046 and (6) BR 25A/7010 respectively. These trucks have been seized by the Circle officer cum Block Supply Officer, Dighwara, Saran on 14.10.2011 in Dighwara Police Station Case No. 172 of 2011 under section 7 of the EC Act and Hoarding & Black Marketing Act, 1980 on the allegation that the same were loaded with wheat being sent to different private agencies for black marketing. It was further alleged that the wheat was loaded on the truck from the FCI godown, Siwan. The petitioners submit that they have no concern 2 with the wheat which have been seized loaded on the trucks, save and except that their trucks, which are commercial vehicles, were hired for transporting the same from one place to the other. They further submit that these vehicles have been purchased after taking loan from financial institutions and no useful purpose would be served in detaining these vehicles in custody of police. The petitioners also submit that the rice is a decontrolled commodity and there is no cap on its storage. In the facts and circumstances of the case, if the petitioners file petition(s) before the Chief Judicial Magistrate, Saran at Chapra, he would pass order for release of the aforesaid vehicles to their respective owners on his satisfaction. Release of the vehicles would be subject to the result of confiscation proceeding/criminal proceeding. Let this order be faxed to the court of the Chief Judicial Magistrate, Saran at Chapra at the cost of the petitioners. Shashi. (Samarendra Pratap Singh, J.)