IN THE HIGH COUR T OF JUDICATURE AT PATNA CR. WJC No.1040 of 2011 Smt. Sushila Devi Versus The State Of Bihar & Ors ----------- 2 09.11.2011 Heard learned counsel for the petitioner. Learned counsel for the State in its usual way is non-represented. Petitioner has prayed for release of Van bearing Registration No.2F-7262 which was seized while was being carried with blue kerosene oil and for that Paliganj P.S. Case No. 37 of 2010 under Section 7 of the E.C. Act has been registered. Petitioner had prayed for release of the vehicle before the learned lower court on 5.3.2011 over which report has been called for from the P.S. concerned, and as the report has not been submitted till today, therefore, given a cause to the petitioner to file instant criminal writ with prayer. It is needless to say that where there an alternative option is available then in that event, the scope of criminal writ became water down. However, the learned lower court 2 is directed to dispose of the prayer of the petitioner. Taking into account the principle enunciated by the Hon’ble Apex Court reported in 2002(10) SCC, page 283 at para-17. For better appreciation the relevant passage is quoted below: “In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. The learned court is directed to dispose of the matter within 15 days form receipt of the order impugned. With the aforesaid observation, petition is disposed of. PN (Aditya Kumar Trivedi, J.)