IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.63 of 2011 RASHID PRAVEJ SON OF S.M. HALIM, RESIDENT OF MOHALLAH- SUBASH NAGAR, PALI ROAD, P.S. DEHRI-ON-SONE, DISTRICT- ROHTAS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SASARAM (ROHTAS) 3. THE OFFICER-IN-CHARGE OF POLICE STATION, DEHRI (TOWN), DISTRICT ROHTAS 4. THE MARKETING OFFICER, DEHRI (ROHTAS) ----------- 2 01.04.2011 Heard learned counsels for the petitioner. No one appears for the State. The prayer of the petitioner is for release of vehicle (Maruti) bearing registration No. UP-65P-3329 which was seized in connection with Dehri P.S. Case No. 421 of 2009 registered on 12th September, 2009 for the alleged offence under section 7 of the Essential Commodities Act. It is submitted that keeping the vehicle seized for such a long time may cause damage to the vehicle. Considering the submissions of the parties, this Court is of the opinion that continuing the seizure of the aforesaid wheat and the vehicle for a long time may not be justified. In the above circumstances, petitioner is permitted to make an appropriate application in the Court of Sub-Divisional Judicial Magisatrate, Sasaram within a period of two weeks for release of the seized items. In case such application is filed, the same be considered in accordance with law and upon satisfying the ownership of the vehicle with relevant documents and furnishing adequate security, the aforesaid seized vehicle be released in favour of the petitioner. Such Consideration be made within a period of six weeks on filing application after serving a copy to the counsel for the State. It is, however, made clear that this Court has not gone into the merits of the case and the aforesaid release shall be subject to the final outcome of the aforesaid police case/confiscation proceeding, if any. The writ application accordingly stands disposed of with the above observations/directions. The order may be communicated to the Court of Sub-Divisional Judicial Magistrate, Sasaram in connection with Dehri P.S. Case No. 421 of 2009 through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)