IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.465 of 2010 SAGAR ROY Versus STATE OF BIHAR THRU.OFFICER IN with CR. WJC No.501 of 2010 BALBINDRA SINGH SEKHON Versus STATE OF BIHAR & ANR with CR. WJC No.502 of 2010 GOPAL BHATIA Versus STATE OF BIHAR & ANR with CR. WJC No.504 of 2010 MANJIT KAUR Versus STATE OF BIHAR & ANR with CR. WJC No.505 of 2010 SWAPAN MANDAL Versus STATE OF BIHAR with CR. WJC No.506 of 2010 PARAMJEET KAUR Versus STATE OF BIHAR & ANR with CR. WJC No.495 of 2010 GULREZ KHAN Versus STATE OF BIHAR & ANR with CR. WJC No.496 of 2010 GOBIND SINGH JADOUN Versus STATE OF BIHAR & ANR with CR. WJC No.436 of 2010 PARMESHWAR SINGH Versus STATE OF BIHAR ----------- 5 20.7.2010 Cr.W.J.C.No.465 of 2010: The petitioner prays for release of 2140 Bags of Dry 2 Betel Nuts (1,76,500 Kgs) loaded on nine trucks which were seized in connection with Phulparas P.S. Case No.43 of 2010 registered under section 414/34 of the Penal Code. The petitioner, who is the proprietor of the firm M/s Roy Traders, Sareng Patti, Alipur Dwar, District Jalpaiguri having C.S.T.No.198255254209 and VAT No.19825254015, deals with trading of various items including Betel Nuts. The petitioner entered into a transaction with M/s S.K.Enterprises of Kolkata for sell of about 1,76,500 Kgs of Betel Nuts and loaded the Betel Nuts on nine trucks with proper money receipt of the Regulated Market Committee under the West Bengal Agriculture Produce Marketing Regulation Act along with tax invoice, declaration etc., a copy of which are contained in Annexure-2. The petitioner submits that the Betel Nuts loaded on the nine trucks were over powered by the local people as one of the trucks had damaged the Welcome gate which was installed near the house of a former M.P. Thereafter, the police came and seized all the nine trucks and betel nuts loaded therein giving rise to Phulparas P.S. Case No.43 of 2010 dated 6.3.2010 under sections 414/34 of the Penal Code. The two drivers who were apprehended stated that the Betel Nuts were being carried to Ranchi. Learned counsel for the petitioner submits that in absence of section 379 of the Penal Code, no case under section 414 of the Penal Code is made out. 3 A counter affidavit has been filed on behalf of the State wherein it has been stated that the local villagers had captured the trucks as it had damaged the Welcome gate installed near the house of a former M.P. In paragraph 15 of the counter affidavit it has been stated that on due inspection it was found that the petitioner has his godown at his place of business in Dhoopguri and during inspection all the relevant documents were placed before the Investigating officer. In paragraph 15 it has been asserted that the consignment which are presently under seizure were transported by the petitioner on two different dates i.e. 2.3.2010 and 3.3.2010 and the agricultural marketing tax receipt under the Government of West Bengal was also verified and was found to be correct. In paragraph 17 it has been stated that all the documents which were produced by the petitioner during the inspection regarding proprietorship of the Betel Nuts has been verified and found to be correct. Having heard counsel for the parties and on going through the materials on record and in view of the counter affidavit filed on behalf of the State, this court finds that the petitioner was the consignor of the Betel Nuts and had paid all the relevant taxes under the West Bengal Agriculture Produce Marketing Regulating Act and as such directs for release of 2140 Bags of Dry Betel Nuts (1,76,500 Kgs) loaded on nine trucks which are lying under seizure in connection with Phulparas P.S. Case No.43 of 2010 in his favour on his furnishing adequate 4 security/bond to the satisfaction of the A.C.J.M., Jhanjharpur. Cr.W.J.C.No.501 of 2010 relates to release of truck bearing registration no.MP-09HF-5739; Cr.W.J.C.No.502 of 2010 relates to release of truck bearing registration no.MP-09KD-0113; Cr.W.J.C.No.504 of 2010 relates to release of truck bearing registration no.MP-09HF-1967; Cr.W.J.C.No.505 of 2010 relates to release of truck bearing registration no.WB-71-9973; Cr.W.J.C.No.506 of 2010 relates to release of truck bearing registration no.MP-09HF-0967; Cr.W.J.C.No.495 of 2010 relates to release of truck bearing registration no.MP-09KD-8267; Cr.W.J.C.No. 496 of 2010 relates to release of truck bearing registration no.MP-09HF-6373 and Cr.W.J.C.No.436 of 2010 relates to release of truck bearing registration no.MH 26H-5012. In all these writ petitions, the petitioners pray for release of their respective trucks which were seized in connection with Phulparas P.S. Case No.43 of 2010. The petitioners submit that they are owners of the respective trucks and they were carrying Betel Nuts which was duly transported by the consignor M/s Roy Traders, Sareng Patty, Alipurduar, District Jalpaiguri and they were having all the relevant papers with respect to their respective trucks. Counsel for the State submits that the aforesaid trucks were taking unfamiliar route of Phulparas while traveling from New Jalpaiguri to Kolkata. As the matter relates to release of the trucks, this court 5 KHAN finds that no useful purpose would be served by keeping the aforesaid trucks under police custody. In the circumstances, if the petitioners file an application before the A.C.J.M., Jhanjharpur for release of the trucks in question, which were seized in connection with Phulparas P.S. Case No.43 of 2010, the learned Magistrate would release the same in their favour after being satisfied about the ownership of the vehicle and on furnishing security/bond to his satisfaction. This court further observes that in case a final report is submitted then the petitioners would be discharged of their respective security/bond. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, these writ petitions stands disposed of. Let this order be communicated through fax at the cost of the petitioners. (S.P.Singh,J)