IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11723 of 2009 AJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 3 15.9.2009 The defect is ignored. The petitioner prays for release of the tempo bearing No.BR-2D-4704 seized under section 7 of E.C. Act in Gaya Muffasil P.S. Case No.41/09. The learned counsel for the petitioner states that the tempo of the petitioner was carrying kerosene oil. He submits that the petitioner is not a dealer in kerosene oil and his tempo is only his source of livelihood. Having heard the learned counsel for the parties considering the fact that the petitioner uses the vehicle for earning his livelihood, the same is directed to be released forthwith on furnishing security to the satisfaction of the Chief Judicial Magistrate, Gaya, in Gaya Muffasil P.S.Case No.41/09. With the aforesaid direction this writ application is allowed. Let the order be faxed at the cost of the petitioner. Anilkrsinha (Samarendra Pratap Singh, J.)