IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.44 of 2011 1. Nawal Kishore Yadav, son of Sri Yadunand Yadav, resident of Inarwa, P.S. Inarwa, Distt.- West Champaran. 2. Asharafi Sah, son of Raghunandan Sah, resident of Inarwa (Khamiya), P.S. Inarwa(Mainatand), Distt.-West Champaran. 3. Shesh Nath Sah, son of Thag Sah, resident of Khamaya Inarwa, P.S.-Inarwa (Mainatand), Distt. West Champaran. 4. Prabhu Sah, son of Mahadeo Sah, resident of Bhaura Parsa, P.S. Balthar, Distt. West Champaran. 5. Vishwanath Prasad Yadav, son of Late Pran Yadav, resident of Inarwa, P.S. Inarwa, Distt.- West Champaran. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. Circle Officer Cum Block Supply Officer, Narkatiyaganj, Distt. West Champaran. ---Respondents ----------- 2. 4.3.2011 Heard learned counsel for the petitioners and the State. The writ application is for quashing the seizure of five tractors and trailers seized on 11.12.2010 by the Block Supply Officer, Narkatiyaganj in connection with Shikarpur (SKP) P.S. Case No.361 of 2010 registered for the offences under section 3/7 of the Essential Commodities Act. Alternatively, the petitioners pray for release of the aforesaid five tractors and trailers in favour of the respective petitioners. Learned counsel appearing for the State submits that it would have been proper if the petitioners file an appropriate application before the Chief Judicial Magistrate, Bettiah. Considering the rival submissions of the parties, the petitioner may file an appropriate application before the Chief - 2 - Judicial Magistrate, Bettiah for release of the tractors and trailers in question as detailed in paragraph 4 of the writ application. In case such application is filed within a period of two weeks, the same would be considered and on such consideration, necessary orders for release may be passed expeditiously in favour of the petitioners on being satisfied with regard to the ownership of the tractors and trailers and on furnishing security to his (C.J.M.’s) satisfaction. The writ application stands disposed of with the above observations and directions. The order may be communicated to the court of the Chief Judicial Magistrate, Bettiah in connection with Shikarpur (SKP) P.S. Case No.361 of 2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)