IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11541 of 2009 HEERA DEVI WIFE OF LATE MAHENDRA SINGH, RESIDENT OF VILLAGE HASANPUR, P.S. CHAKAND, DISTRICT GAYA Versus THE STATE OF BIHAR & ORS ----------- 2 8.9.2009 In the instant writ petition the petitioner prays for release of Pick Up Van bearing registration no. BR-2F-9146 which is seized in connection with Confiscation Case No. 26 of 2008. The petitioner states that he is not a dealer in food grains rather he is the owner of the aforesaid vehicle and lends his vehicle for carrying materials from one place to other. The aforesaid Van load with rice was seized giving rise to Atri P.S. Case No.32 of 2008 under sections 3/7 of the Essential Commodities Act and sections 414/34 of the Penal Code. The petitioner further submits that the vehicle is used in commercial purpose and no useful purpose would be served by keeping the same uncared in the police station for such a long time. Learned State counsel submits that the petitioner could have filed an application for release of the vehicle before the Magistrate itself. The issue relating to release of vehicle and food grains pending confiscation proceeding and trial, is no more resintegra. This court in appropriate cases has directed for release of the vehicle in question subject to the result of confiscation as well as criminal proceeding. 2 KHAN After hearing counsel for the parties, this court directs that if the petitioner files an application before the Collector, Gaya for release of the vehicle in question, the Collector would release the Pick Up Van bearing registration no. BR-2F-9146, which was seized in connection with Confiscation Case No. 26 of 2008, 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 confiscation and/or the criminal proceedings. It is expected that the confiscation proceeding would be concluded within a reasonable period preferably within four months from the date of receipt/production of a copy of this order. 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)