IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.863 of 2010 AJAY SINGH Versus STATE OF BIHAR & ORS ----------- 3 1.10.2010 Heard counsel for the petitioner and the State. In the instant writ petition the petitioner prays for release of Mahindra Pick-Up Van bearing registration no.BR 1AK 9449, Engine No. GG81H45430, Chassis No.A1ZN2GGA81H41907 which was seized in connection with Barahara P.S. Case No.155 of 2010 under section 7 of the E.C. Act. It is alleged that the vehicle in question was found carrying illegal Kerosene oil in loose quantity of 1100 Liters. Learned counsel for the petitioner submits that the petitioner is the owner of the seized vehicle and without his knowledge the driver carried the aforesaid loose quantity of Kerosene oil on payment of some freight charges. He further submits that the vehicle is a public carrier and if the same is not released, the petitioner would suffer irreparable loss. The seized quantity of Kerosene oil does not belong to him. In support of his contention, he relied upon a decision of the Apex Court in the case of Suderbhai Ambalal Desai Vs State of Gujarat, reported in 2003(4) P.L.J.R. SC 244. Learned counsel further submits that the pendency of confiscation proceeding would be no bar to the jurisdiction of this court in exercising the power relating to release of vehicle. 2 KHAN This court in appropriate cases has directed for release of the vehicle in question subject to the result of confiscation case as well as criminal proceeding. Counsel for the State submits that it is unbelievable that the petitioner did not know that his driver was carrying illegally Kerosene oil. Having heard counsel for the parties, this court directs that if the petitioner files an application before the Collector, Bhojpur, Ara for release of the vehicle in question, he would release the Mahindra Pick-Up Van bearing registration no.BR 1AK 9449, Engine No. GG81H45430, Chassis No.A1ZN2GGA81H41907, which was seized in connection with Barahara P.S. Case No.155 of 2010, in favour of the petitioner after being satisfied about the ownership of the vehicle and on furnishing sufficient security to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J) 3