IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17830 of 2011 1. Vinod Kumar Singh S/O Lallan Singh R/O Jalilpur, Paraw, Chandauli, Uttar Pradesh 2. Subhash Singh S/O Baliram Singh R/O Devkali, P.S.- Mahania, Dist.- Bhabhua Versus 1. The State Of Bihar 2. The Circle Officer, Aurangabad 3. The D.M. Aurangabad For the petitioners : Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the State : Mr. Kaushal Kumar Jha, SC 4 2 18.11.2011 The petitioners submit that they are the owner of the truck bearing registration no.UP-67T-0172 and pray for release of the same which was seized in connection with Barun P.S. Case No.192 of 2011 instituted under section 7 of the E.C. Act. The allegation is that fertilizers/Urea were being unloaded from the truck on to a trailer. The Urea/fertilizers are believed to have been stolen from government godowns. The petitioners submit that they are neither the owner of the fertilizers nor they have any concern with the same, except that their truck was hired for carrying the same. The truck is a public carrier and will suffer loss if it is kept under seizure. I have heard learned counsel for the parties. The truck is a public carrier and no useful purpose would be served in keeping the same under the seizure over a longer period of time as it may rust if it is kept in open uncared. As such, I direct that the truck bearing registration no.UP-67T-0172 seized in connection with Barun P.S. Case 2 No.192 of 2011 be released in favour of the petitioners on furnishing adequate securities and on satisfying that they are the owners of the truck to the satisfaction of the Chief Judicial Magistrate, Aurangabad. The petitioners would also give an undertaking that they would produce the truck as and when required by the court. The release of the vehicle would be subject to the result of the criminal prosecution and confiscation case, if any. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be communicated to the Chief Judicial Magistrate, Aurangabad through fax at the cost of the petitioners. KHAN (S.P. Singh,J)