IN THE HIGH COURT OF JUDICATURE AT PATNA CrWJC No 42 of 2007 Babu Prasad Jha, son of late Chandrakant Jha, resident of Mohalla – 119/129, Bamba Road, District – Kanpur (Uttar Pradesh) -Petitioner Versus 1 The Union of India 2 The Commissioner of Customs, Patna 3 The Joint Commissioner, Customs, Hqrs, Patna 4 The Assistant Commissioner, Customs (Preventive), Division Motihari, Motihari, East Champaran -Respondents *** For the petitioner : M/s Baidyanath Thakur & Shankar Kumar Thakur, Advocates For Union of India : Mr Ambuj Nayan Choubey, CGC *** 7 17.11.2009 The present application was for a direction to be issued to the respondents of the Customs Department to release the truck of the petitioner bearing Registration No UP 78 B - 4653. The said truck was seized in connection with Excise Case No 28 of 2001 for the alleged violation of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 as the truck was found carrying certain psychotropic substances without authority. A criminal prosecution was instituted which ended in conviction. Criminal Appeal was preferred before this Court which was heard by a Single Bench and was allowed and person convicted was acquitted. In the meantime, being aggrieved by the acquittal order of this Court, the Department preferred a Special Leave Petition before the Apex Court which was numbered as Cr Misc Petition No 16806 of 2007. The Apex Court dismissed the same summarily. Thus, there is no conviction in the present case. 2 Petitioner, on these facts, now wants the truck to be released to him unconditionally. In view of the acquittal and the prosecution having failed to establish its case, no useful purpose would be served by permitting the truck in question to be detained any longer in this case. I, accordingly, direct the Assistant Commissioner, Customs (Preventive), Division Motihari, East Champaran to forthwith release truck No UP 78 B – 4653 to the petitioner on proper identification without any pre-condition of any nature. In view of the aforesaid, the writ petition itself now stands finally disposed of. M.E.H./ (Navaniti Prasad Singh)