IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C No.86 of 2011 1. NARAYAN RAI, son of Late Suraj Rai, resident of Village Anandpur Kharauni, P.S. Paroo, District Muzaffrpur. 2. Umesh Kumar Singh, son of Sri Ramadhar Singh, resident of Village Mukundpur, P.S. Paroo, District Muzaffarpur. ---Petitioners Versus 1. THE STATE OF BIHAR. 2. The Collector, Muzaffarpur. 3. The Additional District Supply Officer, Muzaffarpur West. ---Respondents ----------- 3. 29.3.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing of the seizure of Tata 407 truck bearing No.BRO-6G-3064 and Swaraj Tractor and Trailer bearing No.BRO6J-3269 made by respondent no.3 giving rise to a criminal case vide Paroo P.S. Case No.195/2010 registered for the offence under section 7 of the Essential Commodities Act and section 119 of the Indian Penal Code. Alternatively, the prayer is for release of the aforesaid seized vehicles in favour of the petitioners on furnishing adequate security, subject to the result of the aforesaid criminal case and/or confiscation proceeding, if any. Learned counsel appearing for the State opposes the prayer for release of the vehicles in question and submits that without verifying/satisfying the ownership of the vehicles and also in absence of adequate security, the same could not be released. Considering the submissions of the parties, this Court is of the opinion that the continuing the seizure of the aforesaid vehicles till the disposal of the aforesaid Paroo P.S. Case No.195/2010 and/or - 2 - confiscation proceeding, if any, may not be justified. In the above circumstances, it will be open for the petitioners to file an application before the court of the Sub- divisional Judicial Magistrate, Muzaffarpur West for release of the aforesaid vehicles in question. In case such an application is filed within a period of two weeks, the same be considered in accordance with law. On considering the relevant documents with respect to the ownership of the vehicles in question and on being satisfied with the adequate security furnished by the petitioners, the aforesaid vehicles may be released in favour of the petitioners, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of four weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. As prayed for, let a copy of this order be handed over to the learned counsel appearing for the State. Let this order be communicated to the court of the Sub- divisional Judicial Magistrate, Muzaffarpur West in connection with Paroo Police Station Case No.195/2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)