IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12337 of 2009 RAM NATH ROY, SON OF SRI KEWAL ROY, RESIDENT OF DUDHAILA, P.S. SONEPUR, DISTRICT SARAN---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, KALUWAHI, MADHUBANI---RESPONDENTS. ----------- 03. 08.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the owner of a tank lorry. He was made accused in Kaluahi P.S. Case No. 62 of 2009 dated 1.7.2009 for the offence under Sections 414/418 of the Penal Code and Section 7 of the Essential Commodities Act. His tank lorry has been seized, which is evident from the First Information Report, Annexure-1 as also from the seizure memo dated 1.7.2009 appended with Annexure-1. 3. It is submitted on behalf of the petitioner that till date he has not been served with any notice initiating confiscation proceeding in the light of the provisions contained in Section 6A of the Essential Commodities Act. The tank lorry is rusting in the custody of the authorities and is likely to be destroyed, appreciating such fact this Court should consider release of the tank lorry in question as was done by other Benches of this Court under orders dated 16.5.2005, 12.5.2008 and 29.7.2009 contained in Annexure-3 series. 4. Counsel for the State has opposed the prayer. He submits that the petitioner should first approach the competent authority under the Essential Commodities Act, who has been vested with the power to confiscate the seized tank lorry, namely, Collector, Madhubani as according to the State counsel this Court should not deprive the statutory authority of its jurisdiction by intervening in the matter at the - 2 - very threshold. 5. Appreciating the submission of the learned counsel for the State, I dispose of this writ application directing the petitioner to approach the Collector, Madhubani with request to release the tank lorry, who should consider the request of the petitioner in accordance with law as early as possible, in any case within one month from the date of filing of the release application along with a copy of this order. Rajesh/ (V.N.Sinha, J.)