IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15017 of 2009 BAIDYANATH SINGH, S/O LATE JANKY SINGH, R/O VILLAGE-BARAITHA MATH, P.S.-CHIRAIYA, DISTRICT- EAST CHAMPARAN. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BLOCK SUPPLY OFFICER, KESARIYA/KALYANPUR, DISTRICT-EAST CHAMPARAN. ……RESPONDENTS. For the petitioner : Mr. N.K. Agrawal, Sr. Adv. and Mr. D.N. Tewari, Adv. For the State : AC to GP-V. ----------- 2 25.01.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. This writ application has been filed for release of three trucks bearing Registration Nos. BR-06F/5123, BR-06C/9723 and BR-06D/5723 of which petitioner is said to be the owner. The trucks are said to have been seized on the suspicion that the bags of wheat which were loaded in the trucks were of Food Corporation of India, as the bags contained the marking of the Corporation. Accordingly, Mehasi P.S. Case No. 98 of 2009 was registered under Section 7 of the E.C. Act and Sections 414 and 120B of the Indian Penal Code against the petitioner. Learned counsel for the petitioner submits that if the trucks remain lying in open in the police station, it may catch rust and make the trucks not fit for plying in course of time, causing irreparable loss to the petitioner. He submits that pending criminal proceeding against the 2 petitioner, and any other proceeding under the E.C. Act, the trucks may be released to the petitioner with any terms and conditions as the court concerned may fix. Learned counsel for the State submits that the court below has to exercise jurisdiction in respect of release of the trucks in terms of Section 451 of the Cr.P.C. Considering the submissions of learned counsels for the parties, in the interest of justice, this Court directs the learned court below to release the trucks to the petitioner upon his submitting sufficient proof of being owner of the trucks and upon such terms and conditions as it may deem fit and proper and with sufficient surity and with the condition that the trucks will be produced for physical verification at any stage of the proceedings, if required by the concerned court. It is made clear that the release shall be subject to final adjudication of the criminal case as well as the confiscation proceeding. The writ application is disposed of with the aforesaid observations and directions. Let this order be sent to the learned court below through FAX at the cost of the petitioner. Arvind/ (J. N. Singh, J.)