IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.730 of 2008 BHABIKSHAN SAH @ BHIBHEKHAN SAH @ BHIKHAN SAH Versus THE STATE OF BIHAR & ORS ----------- 2 26/09/2008. Shashi Heard learned counsel for the parties. The petitioner has come to this court for release of his pick up van bearing registration no BR-06 J-2398 seized carrying food grains giving rise to Sadar ps case no. 207 of 2008 registered under section 7 of the E C Act. It is submitted by the petitioner that he is merely owner of the transport van and has nothing to do with transporting of food grains for black marketing as alleged. Keeping in view orders of this court and the Apex court in similar matters as also the facts that no useful purpose can be served by keeping the vehicle in custody of police for which a confiscation proceeding is already going on, without going into the merits of the case, this court observes the if petitioner files an application before the SDJM, East Muzaffarpur for release of his vehicle, thereafter the learned magistrate would release the same after being satisfied about the ownership of the vehicle, on furnishing sufficient security to his satisfaction and undertaking that he will produce the vehicle as and when required during proceeding. The release of vehicle will be subject to the result of the confiscation case and criminal proceedings. Let this order be faxed to the court concerned at the cost of the appellant. to release the vehicle as above. (S.P.Singh,J)