IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.785 of 2008 LOKNATH PODDAR Versus STATE OF BIHAR & ANR ----------- 4 4.12.2008 Heard the learned counsel for the parties. In the instant writ application the petitioner prays for quashing the seizure of a public carrier tractor which is a tractor bearing No.BR – 19B/3776 and Trailer bearing No.BR – 19B/3777 by the Block Supply Officer, Udakishungan on 10.8.2008 in a case registered under section 7 of the E.C.Act. The said tractor with trailer was intercepted. That loaded foodgrains was suspected to be of S.F.C. Godown. The learned counsel for the State submits that he is the son of the P.D.S. dealer and both in connivance with each other have lifted the food grains. This Court is of the opinion that it is the common knowledge that if the tractor is allowed to remain in open sky it may get decayed and, so, in view of the decision reported in A.I.R. 2003 S.C. 638, in case the petitioner is ready to furnish sufficient security and file application before the Chief Judicial Magistrate, Madhepura, he would release the same after due verification of the ownership on furnishing a cash security of Rs.20,000/-. The release would be subject to the criminal prosecution and confiscation proceeding, if any. This writ application is disposed of with the aforesaid observation and direction. 2 Let this order be faxed at the cost of the petitioner. Anilksinha (Samarendra Pratap Singh,J.)