IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.706 of 2009 PARMANAND SINGH, SON OF SRI LALA PRASAD, RESIDENT OF VILLAGE DHELAWAN, SHEIKHPURA, P.S. GAURICHAK, DISTRICT PATNA……….PETITIONER VERSUS 1. STATE OF BIHAR 2. INSPECTOR, PHULWARISHARIF POLICE STATION, PATNA……………… RESPONDENTS ----------- 5. 12.01.2010 Heard learned counsel for the petitioner and learned counsel for the State. A supplementary affidavit has been filed by the petitioner on 04.01.2010 stating therein that by mistake, the number of vehicle in question which was seized in connection with Phulwari P.S. Case No.633/07 was wrongly mentioned in paragraph 1 of the petition as ‘BR- 1D-5880’. In fact, the vehicle of petitioner which was seized in connection with the said case was having registration no.BR1Z-7350 and, therefore, in paragraph 1 of the petition, the vehicle number should be read as ‘BR1Z-7350, Engine No. R5C81705 and Chassis no. BFC-236572’. This petition has been filed by the petitioner for release of the said vehicle having registration no. BR1Z-7350 which has been seized in connection with Phulwari P.S. Case No.633/07. It appears that the said case was registered under Section 7 of the Essential - 2 - Commodities Act on the allegation that in the sealed compartment of the vehicle, 710 litres of kerosene oil in plastic containers was recovered which was meant for black-marketing. Substantive case was instituted and after investigation, charge sheet has been submitted. Learned counsel for the petitioner submits that the case may take some time to conclude and in the meanwhile, vehicle in question will rot in the police station due to vagaries of nature. Therefore, he submits that the vehicle in question may be released in favour of the vehicle owner with adequate security and under such terms and conditions as this court may deem fit and proper. Learned counsel for the State submits that in view of the fact that the condition of the vehicle in question may get deteriorated due to passage of time; the same may be released to the owner of the vehicle. Therefore, in view of the rival submissions of the learned counsel for the parties, this application is allowed. The learned court below is directed to release the said delivery van, bearing registration no. BR1Z-7350 - 3 - in favour of its owner on furnishing sufficient security to his satisfaction. The learned court below shall also, if necessary, direct the police to get the vehicle and existence of sealed compartment photographed in presence of the owner of the vehicle and get the photographs duly certified by him and place the photograph of the vehicle on the records of the case for reference at the time of trial. Additionally, the court below shall also put a condition to the owner of the vehicle that he will not change the physical feature of the vehicle and shall not dispose it of and the same shall be produced as it is appearing in the photograph, as and when required by the court. B.T (J. N. Singh, J.)