IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.788 of 2008 VIJAY BAHADUR SINGH Versus STATE OF BIHAR & ANR ----------- 03. 17.12.2008 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner prays for quashing the seizure of a Public carrier truck bearing No. JH-09D- 4121 seized by the Block Agriculture Officer, Sheosagar, Rohtas on 19.6.2008 in a case registered under Section 7 of the E.C. Act. The petitioner submits that he is a public carrier and not a P.D.S dealer. The prosecution case in short is that the aforesaid truck was carrying fertilizers without due authorization. It was suspected that the fertilizers in question belonged to the government Learned counsel for the petitioner submits that the vehicle in question may be released subject to the confiscation proceeding and the criminal prosecution on payment of adequate security. He submits that a bench of this Court in a case of Manoj Kumar versus the State of Bihar and others reported in 1997, P.L.J.R. 717 has observed that a vehicle can not be auction sold pursuant to confiscation proceeding during the pendency of the criminal prosecution. This Court in the aforesaid case directed for release of the vehicle on providing adequate security. In view of the aforesaid judgment and also in view of the decision of the Apex Court in case of Sundar Bhai Ambalal Desai versus the State of Gujarat reported in 2003, SC 638, this Court observes that the vehicle in question be released in favour of the petitioner after due verification of documents. This Court further - 2 - observes that the vehicle in question would be released in favour of the petitioner on providing adequate security. The release would be subject to the result of the confiscation as well as criminal prosecution. In case the petitioner files an application before the Chief Judicial Magistrate, Rohtas, in connection with Sheosagar P.S. Case No. 82 of 2008, he would dispose of the application releasing the vehicle in favour of the petitioner in the aforesaid terms. The vehicle in question would not be sold and would be produced as and when required in course of trial. Let the order be communicated through Fax at the cost of the petitioner. Shageer (Samrendra Pratap Singh, J)