IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13935 of 2011 Samresh Kumar S/O Umesh Kumar Singh Resident + P.O.- Kustore, P.S.- Kendua Dih, Distt.- Dhanbad Versus 1. The State Of Bihar Through Collector, Nalanda 2. The Marketing Officer, Municipal Area, Biharsharif, Nalanda ---------------------------------- 2 23/09/2011. The petitioner prays for release of truck bearing Registration no. JH -11F 7583, seized loaded with rice giving rise to Laheri Police Station Case No. 161/2011 u/s 406 & 409 IPC and 7 of the EC Act. The petitioner submits that the rice is a decontrolled commodity and provision of the E.C.Act would not be applicable in such cases. He submits that no useful purpose would be served in detaining his vehicle, which is a commercial vehicle. 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, Biharsharif at Nalanda with all the relevant papers regarding ownership of the vehicle, the learned Magistrate would pass order for release of the vehicle on furnishing adequate surety. Release of vehicle would be subject to the result of criminal 2 prosecution/ confiscation proceeding. Let this order be faxed to the court of the Chief Judicial Magistrate, Biharsharif at Nalanda at the cost of the petitioner. Shashi. (Samarendra Pratap Singh,J.)