IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8084 of 2009 BALJEET SINGH BINDRA Versus THE STATE OF BIHAR & ANR ----------- 02. 20.07.2009 Heard learned senior counsel for the petioner and learned counsel for the State. By way of present writ application the petitioner is seeking quashing of the seizure of public carrier truck being registration No. HR 39K-5241 which was seized by the Block Supply Officer in connection with Wasirganj P S Case No. 31 of 2009 instituted under section 7 of the E.C. Act. In the alternative prayer has also been made to release the vehicle in question pending adjudication of the case by appropriate forum. The basic facts are not in dispute that the truck in question loaded with foodgrains which is alleged to be of the Government was standing near a house situated at Wasirganj. On certain information the officials raided the place, seized the truck and other goods wherein and instituted the present case. Thereafter the truck was lying seized in the Wasirganj Police Station. Submission of the learned Senior counsel for the petitioner is that the truck in question belongs to the petitioner which has a national permit and it had come to the State of Bihar on an assignment given by Atul Carrier. There is evidence to show and support the said contention. He submits that without knowledge of the present petitioner some wrong seems to have been committed by the driver and khalashi which has created the present problem. He - 2 - further submits that keeping the truck in question as non-functional which is a commercial vehicle serves nobody’s interest and petitioner is losing heavily because he has to meet the obligation of licensing authority of the truck in question. In the totality of the submission and the given facts, the Court is of the considered opinion that keeping the truck seized will not be beneficial to anybody whatsoever. The prosecution requires co- operation of the petitioner and the same can be obtained by directing him to do so in this regard. The Court therefore directs that let Truck No. HR 38K-5241 seized in connection with Wasirganj P S Case No. 31 of 2009 be released in favour of the petitioner on furnishing reasonable security and executing a bond to the satisfaction of the Incharge Chief Judicial Magistrate, Gaya forthwith with a direction that as and when the prosecution needs cooperation in this matter petitioner shall cooperate, may be by producing the vehicle in question. It goes without saying that the present release is without any prejudice to the confiscation proceeding or the criminal case which has been instituted in this regard. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)