IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14059 of 2008 ***** Union of India …. …. Petitioner Versus The State of Bihar through Registrar, Patna Civil Court, Patna …. Opposite party ----------- 3. 6.5.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Challenge is to the part of the order dated 6.1.2006 (Annexure-1) as well as the order dated 7.2.2007 (Annexure-2) passed by the Court of XI as well as IXth Additional Sessions Judge, Patna in Case No. Spl.40/99, whereby and whereunder the trial Court has been pleased to fix a minimum bid of Rs.1,48,000/- for auction of a truck which was seized for an offence under N.D.P.S. Act, 1985. Statement has been made that the truck in question was seized by the Customs authorities and thereafter none came to claim it. The Department, therefore, decided to auction the seized truck under Section 63(2) of the N.D.P.S. Act. The truck was examined and its estimated value was fixed by the M.V.I., Patna as Rs.1,48,000/-, which was accepted by the Court in its order dated 6.1.2006. In absence of proper suitable response despite all efforts and publicity the petitioner wanted a relook by the trial Court but it refused to change minimum price fixed. It is submitted that it was very impossible to find any purchaser at the said price and keeping the truck in custody of the Customs authorities will only further make its salability even more doubtful. Be that as it may the two impugned orders dated 6.1.2006 - 2 - and 7.2.2007 stands modified to the extent that the Department will endeavor to see that they get the highest price in a fairly conducted auction in this regard in the interest of the exchequer. The application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)