IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1409 of 2011 BRAJENDRA KUMAR YADAV @ BRIJENDR KR.YADAV S/O SHRI RAM BHAGAT YADAV, R/O DIGHA BYE-PASS, P.S. KOTWALI, KHALILABAD, DISTRICT SANT KABIR NAGAR, UTTAR PRADESH. ……………Petitioner Versus 1. THE UNION OF INDIA, THROUGH THE COMMISSIONER OF CUSTOMS, CENTRAL REVENUE BUILDING, BIRCHAND PATEL PATH, PATNA. 2. THE DEPUTY COMMISSIONER OF LAND CUSTOMS STATION, MAIN ROAD, JOGBANI, DISTRICT ARARIA, BIHAR. 3. THE ASSISTANT COMMISSIONER OF CUSTOMS, LAND CUSTOMS STATION, MAIN ROAD, JOGBANI, DISTRICT ARARIA, BIHAR. 4. THE SUPERINTENDENT OF CUSTOMS, LAND CUSTOMS STATION, MAIN ROAD, JOGBANI, DISTRICT-ARARIA, BIHAR. …………….Respondents ----------- 03 28.02.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petitioner has been filed by the petitioner for release of his truck bearing Registration No. UP-58 (T)-0074, which was seized by the Superintendent of Customs, Land Customs Station, Main Road, Jogbani, in the District of Araria, Bihar (respondent No. 4) near Netaji Chouk, Jogbani on 17.09.2010 on the ground that Masoor Dal loaded on the truck was to be transported across the boarder of Nepal. 3. Learned counsel for the respondents files a counter affidavit and submits that Section 110-A of the Customs Act, 1962 provides that any goods, documents or things seized under Section 110 of the Act made pending the order of the Adjudicating Officer, be released to the owner on taking a bond from him in the proper form with such security and condition as the Commissioner of Customs may require. She further submits that the petitioner without approaching the said authority has directly come before this Court. 4. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to move before the Commissioner of Customs under Section 110-A of the Act. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner approaches the Commissioner of Customs within 15 days from today alongwith a copy of this order for release of his truck, the said authority shall immediately thereafter preferably within one week consider the matter and pass an appropriate order in that regard. Safik (S. N. Hussain, J.)