IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.827 of 2009 DHARM NATH PRASAD son of late Shankar Prasad, resident of village- Sahibganj, P.O. Karnaul, P.S. Sahebganj,District- Muzaffarpur. Versus 1. THE STATE OF BIHAR through District Magistrate, Muzaffarpur. 2. The Deputy Collector (Incharge),District Legal Section,Muzaffarpur. 3. The Sub-Divisional Magistrate ,West Muzaffarpur. 4. The Block Development Officer, Sahebganj. 5. The Officer-in-Charge,Sahebganj, P.S. Sahebganj,District- Muzaffarpur. ----------- 2 29.1.2009 Petitioner’s public carrier motor vehicle being TATA 407 bearing Registration no. BR-06D-7783 has been detained, not seized in relation to Sahebganj P.S.Case no. 183/08 dated 18.11.2008 instituted under Section 414 IPC and 7 E.C Act. It appears that the said vehicle was carrying certain bags of seeds and fertilizer and was apprehended by the police on 18.11.2008 and the case was instituted allegedly that the driver could not produce paper for the said consignment. The case was instituted as against the selling dealer and the driver. The seizure list is Annexure 4, which clearly states that it is only the goods loaded on the vehicle that have been seized but such goods have been loaded on the vehicle . The vehicle has also detained though not seized. Petitioner states that the police after investigation has filed final form not sending either of the accused persons for trial being Final Form No. 498, dated 31.12.2008. In these view of the matter, petitioner states that the vehicle , in question, not having been seized , should be 2 released to the petitioner ,as it is a commercial vehicle and will cause him irreparable loss as also damage the vehicle, in question. Considering the aforesaid facts, I dispose of the writ petition itself with a direction to Sub divisional Judicial Magistrate, West Muzaffarpur, before whom the case is pending ,to direct the police to release the vehicle, in question, to the petitioner on proper verification of ownership on petitioner’s filing bonds of value of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, West Muzaffarpur. This, however, be subject to final order by the Court or the Collector in confiscation proceeding in relation to the said matter. The writ petition stands disposed of. Let a copy of this order be sent to Sub divisional Judicial Magistrate, West Muzaffarpur through FAX at the cost of the petitioner. SINGH (Navaniti Pd. Singh, J.)