IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.875 of 2008 SHIV NARAYAN RAI Versus THE STATE OF BIHAR & ANR ----------- 3 4.12.2008 Heard the learned counsel for the petitioner and the State. This application has been filed for quashing of the seized Truck No.BR06G – 0040 by the Block Supply Officer, Kurhani, Muzaffarpur on 24.4.08 in a case registered under section 7 of the E.C. Act. The aforesaid public carrier having loaded with huge quantity of rice was intercepted which was suspected to be of S.F.C. Godown. The learned counsel for the petitioner submits that he is not a P.D.S. dealer and he is the owner of the truck. He submits that in case the said truck is allowed to remain in open sky, it will suffer on account of vagaries of nature. In view of the decision reported in AIR 2003 S.C.638, in case the petitioner is ready to furnish sufficient security and file application before the Collector , Muzaffarpur, he will release the same after verification of the ownership of the truck to his satisfaction. The release would be subject to the criminal prosecution and confiscation proceeding, if any. With the aforesaid observation and direction this writ application is disposed of. Let the order be faxed at the cost of the petitioner. Anilksinha (Samarendra Pratap Singh,J.) 2