IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.493 of 2010 KISHUNDEO RAI Versus STATE OF BIHAR & ORS ----------- 2 23.08.2010. Heard learned counsel for the parties. The petitioner has come to this Court for release of his commercial vehicle barring Registration No.BP-06N/0981. At the time of raid/seizure, the vehicle was being run by his driver carrying K.Oil without having valid papers for the same. Industrial area Police Station Case No. 137/2010 was registered for offence under section 7 of the E.C. Act and sections 413,414,120B I.P.C. The petitioner submits that he is owner of the vehicle and without his knowledge, the K.Oil was being carried by his driver at the relevant time. The petitioner relies upon a decision of the Apex court rendered in case of Sunderbhai Ambalal Desai and another Vs. State of Gujrat, reported in 2003(4) PLJR 244 in which the Court has emphasized the need for release of such vehicles as they are open to the rust, besides no purpose would be served in allowing it to be in seizure of the State functionaries. In the facts of the case, the writ petition is disposed of with direction that if the petitioner files an application before the Chief Judicial Magistrate, Vaishali with all the relevant papers regarding ownership of the vehicle, the learned Magistrate would release the vehicle on furnishing adequate surety, besides an additional surety of Rs. 2,500/- in form of cash. Release of vehicle would be subject to the result of criminal 2 prosecution/ confiscation proceeding. Let this order be communicated to the court above through FAX at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)