IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.272 of 2009 SUDHIR KUMAR @ SUDHIR KUMAR RAI, SON OF SRI RAM NANDAN RAI, RESIDENT OF VILLAGE – SIRNIYA BISHANPUR, P.S. – MATIHANI IN THE DISTRICT OF BEGUSARAI ......................... PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE OFFICER IN-CHARGE, MATIHANI POLICE STATION, IN THE DISTRICT OF BEGUSARAI. 3. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, GODARGAMA BRANCH, POLICT STATION – MATIHANI IN THE DISTRICT OF BEGUSARAI. ----------- 2 24.03.2009 Heard. The petitioner has prayed for release of his tractor, bearing Registration No. BR-9D/7709 seized in Matihani P.S. Case No. 106 of 2008 registered for an offence under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that even as per prosecution case the tractor was carrying kerosene oil for the purpose of black marketing and that the petitioner is not a previous dealer rather he is plying his tractor on small range for the purpose of his livelihood. By referring to paragraphs no. 8, 9 and 10, learned counsel for the petitioner further submits that no confiscation proceeding has been recommended against the petitioner. Learned counsel for the State opposes the prayer of the petitioner. Having heard the counsel for the parties, this Court observes that no useful purpose will be served by retaining the tractor in the Hazat. The Hon’ble Apex Court in a case reported in AIR 2003 SC 639 equivalent to 2003(4) PLJR (Sundarbhai Ambala Desai Vs. State of - 2 - Gujarat) emphasized the expediency of release of vehicle etc. in favour of the owner. In view of the aforesaid circumstances this court directs that the tractor in question be released in favour of the petitioner on furnishing adequate security, 5% of which would be in the form of cash, to the satisfaction of learned S.D.J.M, Begusarai in connection with Matihani P.S. Case No. 106 of 2008. The petitioner will also give an undertaking that he will not dispose of the tractor and produce the same as and when required by the court concerned. Let the order be communicated through fax at the cost of the petitioner. Kundan (S. P. Singh, J.)