IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C .No.6829 of 2009 1. Kumar Shyam, son of Vijay Kumar Pandey, resident of village Barharwakata, P.S. Kotwa, district East Champaran 2. Ajay Kumar, son of Bhairolal Prasad, resident of village Dharhari, P.S. Chiraiya, district East Champaran 3. Jagdish Sah, son of Sri Fudni Sah, resident of village Kundwa, Chainpur, P.S. Kundwa Chainpur, district East Champaran .. Petitioners Versus 1. The State of Bihar the Collector, East Champaran 2. The Officer-in-Charge, Kundwa Chaimpur, Dhaka Police Station, East Champaran .. Respondents **** /2/ 04.06.2009 Heard the counsel for the petitioners and the State. 2. This application has been filed by the petitioners for quashing seizures, dated 13.05.2009 and 14.05.2009, made by the Officer-in-Charge, Dhaka Police Station, Camp Kundwachainpur, East Champaran, Motihari, in connection with Kundwachainpur P.S. Case No. 22 of 2009. Case has been registered under Sections 7 of the Essential Commodities Act and 414 and 120/34 of the Indian Penal Code. In connection with police case trucks bearing registration no. BR-05AG-5121 belonging to petitioner no. 1, Kumar Shyam, and BR-05G-2249 belonging to petitioner no. 2, Ajay Kumar, along with fertilizers loaded on it have been 2 seized. Seizure has also been made of two bullock carts loaded with 54 bags of fertilizers. Prayer of the petitioners is for a direction to release seized trucks, bullock carts and 360 bags of fertilizers loaded on two trucks and 54 bags of fertilizers loaded on two bullock carts. It has been submitted that if the trucks and fertilizers will remain under seizure for a very long time, no purpose will be served other than the damage caused to the seized articles. It has also been submitted that in other similar cases orders of release are being passed by this Court subject to the final order passed in the police case as well as in confiscation proceeding, if initiated with respect to the seized articles. 3. Considering this fact, a direction is issued to the Chief Judicial Magistrate, East Champaran, Motihari, to release seized trucks bearing registration no. BR-05AG-5121, BR-05G-2249, two bullock carts and 360 bags of fertilizer loaded on two trucks as well as 54 bags of fertilizer loaded on two bullock carts in favour of the petitioners 1, 2 and 3 on furnishing sufficient security to the satisfaction of the concerned Court and also on giving an undertaking by the petitioners to comply with the direction of the Court in connection with the orders passed in the criminal cases as 3 well as the confiscation proceeding. 4. With these observations and directions, this application is disposed off. Cp:2/S.A. (Mridula Mishra, J.)