IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.642 of 2010 KASHI NARAYAN YADAV Versus THE STATE OF BIHAR & ORS ----------- 3 26.08.2010. Heard learned counsel for the parties. The petitioner has come to this Court for release of his commercial vehicle (Truck) barring Registration No. UP 65 AR 5681. At the time of raid/seizure, the vehicle was engaged in transporting pulses from Anmol Industries Katani to Buxar Shubham Trades & Jagdamba Enterprises. Buxar Town Police Station Case No. 111/2010 dated 20.4.2010 was registered for offence under section 7 of the E.C. Act. The petitioner submits that he is owner of the vehicle and his truck was related to Shiv Shakti Transport Company having valid Transport permit at the relevant time. Counter affidavit has been filed stating that petitioner had earlier moved the Chief Judicial Magistrate, Buxar who rejected the application observing that he ought to have been moved the Collector, Buxar under the E.C.Act. In the facts of the case, the writ petition is disposed of with direction that if the petitioner files an application before the Collector, Buxar with all the relevant papers regarding ownership of the vehicle, the learned Collector would release the vehicle on furnishing adequate surety, 5 percent of which would be in form of cash. 2 Release of vehicle would be subject to the result of criminal prosecution/ confiscation proceeding. Let this order be communicated to the Collector, Buxar through FAX at the cost of the petitioner. Shashi. ( Samarendra Pratap Singh, J.)