IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29222 of 2008 DHARAMVIR SINGH & ANR Versus STATE OF BIHAR ----------- 2. 13.8.2008. Heard Mr. N.K. Agrawal, Senior Advocate, the learned counsel for the petitioners and Mr. Jharkhandi Upadhayay, the learned A.P.P. for the State. Petitioner no.1 who happens to be the owner of Truck No.HR-58A/2991 which had been seized and petitioner no.2 who happens to be the owner of the wheat which was loaded on the seized truck, have prayed through this application under Section 482 Cr.P.C. for the release of the truck and wheat, so seized, in their favour. It appears that on 27.4.2008, the Marketing Officer of Araria Urban Area gave a written report inter alia stating that on checking the truck bearing registration no.HR-58A/2991, 32 tons of wheat was found loaded thereupon and on a demand the driver of the truck failed to produce any of the relevant or requisite documents. It was also submitted that since none appeared to claim the wheat and truck it was suspected that the wheat was being transported for black marketing/smuggling. On the basis thereof Araria P.S. Case No.193 of 2008 was registered under Section 414 I.P.C. and 7 of the E.C. Act. The petitioners through this application have sought for the release of the wheat and truck. Admittedly, wheat is commercial and perishable commodity and by virtue of it lying in the open the same may get destroyed. Similar would be effect on the truck while lying in the open and facing the divergent weather. - 2 - Due regard being had to the situation at hand, let the wheat and the truck, so seized, be released in favour of the petitioners on furnishing adequate securities to the satisfaction of the learned Sub Divisional Judicial Magistrate, Araria, in connection with Araria P.S. Case No.193 of 2008. It is made clear the securities would be in any form, other than the bank guarantee and cash, which is acceptable to the court. With the aforesaid observations, this application is disposed of. Let this order be faxed to the learned court below at the cost of the petitioners. P.S. (Abhijit Sinha,J)