IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.216 of 2009 RATAN SINGH Versus STATE OF BIHAR & ANR ----------- 2/ 01-05-2009 According to petitioner he is the registered owner of a tanker lorry bearing Registration No. BR9B 6564. Diesel was loaded on the tanker of the petitioner by the driver. It is stated by the petitioner that Barauni Refinary P.S.Case No. 132 of 132 of 2008 was registered onb the allegation that diesel was found stealing by driver. Officer In charge of Barauni Refinery out Post recommended the Superintendent of Police for initiation of confiscation proceeding before the District Magistrate, Begusarai. The District Magistrate, Begusarai initiated confiscation proceeding being Cr. Misc. No. 7 of 2008 in which show cause notice was issued to the petitioner vide letter dated 28.08.2008. It is submitted that more than six months have lapsed but no action was taken against him so far. The petitioner filed an application for release of the said tanker as well as the diesel on 09.09.2008 but the same has not been disposed of by the District Magistrate. No charge sheet was served on him in any case. It is submitted that in fact no purpose will be served by keeping the said tanker at the police station. In the said circumstances, I direct the 2nd respondent to - 2 - release the tanker of the petitioner, provisionally supported by registered document if he produced the proof of his ownership, on furnishing sufficient security other than the cash to the satisfaction of 2nd respondent as also by obtaining an undertaking from him that if in any proceeding later is required, it shall be produced before the 2nd respondent as soon as required and petitioner shall not alienate or cause damage to vehicle left just adjacent it over. Respondent no. 2 is also directed to dispose of confiscation proceeding as early as possible. ( J. B. Koshy, CJ ) BTiwary/