IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.473 of 2008 SUCHITA DEVI Versus THE STATE OF BIHAR & ANR ----------- 3 12.8.2008 In the instant writ petition the petitioner prays for release of a public carrier truck bearing No.BR-06G-3317 which was seized by the Marketing Officer cum A.D.S.O. Danapur on 6.5.2008 in connection with Danapur P.S. Case No.128 of 2008 under section 7 of the E.C. Act. The prosecution case in short is that in course of inspection of the house of one Rajesh Kumar taken on rent from one Chandeshwar Sao, 356 bags of wheat and 424 bags of rice were found kept there. Out of 356 bags of wheat, 276 bags of wheat were found loaded on the aforesaid truck. The food grains in question were found in bags marked with F.C.I., Nephed symbol. The prosecuting agency seized the same taking the same to be government food grains being stolen from the F.C.I. godown. Learned counsel for the petitioner submits that the petitioner is not an accused in this case and both the wheat and rice are decontrolled commodities and has been released by this court. He further submits that pendency of confiscation proceeding would be no bar to the jurisdiction of this court in exercising the power relating to release of vehicle. The issue relating to release of truck and food grains pending confiscation proceeding and trial, is no more resintegra. This court in appropriate cases has directed for release of the truck in - 2 - KHAN question subject to the result of confiscation case as well as criminal proceeding. Having heard learned counsel for the parties, this court directs that if the petitioner files an application before the A.C.J.M., Danapur for release of the vehicle in question, the learned Magistrate would release her truck bearing No.BR-06G-3317, which was seized in connection with Danapur P.S. Case No.128 of 2008, after being satisfied about the ownership of the vehicle and on furnishing sufficient security to his satisfaction. 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, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)