IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4204 of 2011 SUBODH KUMAR, SON OF SHRI TRIVENI PRASAD SINGH, RESIDENT OF MOHALLA LAKHIBAGH MANPUR, P.S. MOFASIL, DISTRICT GAYA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE BLOCK AGRICULTURE OFFICER, RAJGEER, DISTRICT NALANDA. 3. THE OFFICER-IN-CHARGE OF POLICE STATION RAJGEER, DISTRICT NALANDA. ---- OPPOSITE PARTIES. For the petitioner :- Mr. N.K. Agrawal, Sr. Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 4 5.5.2011 The petitioner has filed this application for quashing the seizure list (Annexure-3) along with the First Information Report. No order can be passed as far as quashing is concerned. However, an alternative prayer has been made that this Court may direct that the truck, which has been seized in connection with Rajgir P.S. Case No. 258 of 2010 dated 28.10.2010, may be released in favour of the petitioner. The truck’s Registration No. is UP 63 T1193. The claim of the petitioner is that he is the owner of the truck and that he was not responsible for carrying so called illegal fertilizers. It was stated that the truck was merely a carrier and it was not known to the transporter, that the fertilizers carried in the truck were not 2 accompanied with required documentation. I accordingly, direct that the petitioner may make a prayer for releasing the truck before the Chief Judicial Magistrate, Nalanda who will ascertain the ownership of the truck and the facts surrounding the seizure and pass an order within a period of three months. This quashing application is disposed of. Counsel for the petitioner is permitted to deposit the cost of FAX for communicating this order to the Court of the Chief Judicial Magistrate, Nalanda. Sanjay ( Sheema Ali Khan, J.)