IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7641 of 2009 NAND LAL SINGH SON OF RAM RAJ SINGH, RESIDENT OF VILLAGE BASATPUR,P.S.KUNDWA CHAINPUR, DISTT. EAST CHAMPARAN …PETITIONER Versus THE STATE OF BIHAR THROUGH OFFICER INCHARGE, KUNDWA CHAINPUR P.S. DISTT. EAST CHAMPARAN … RESPONDENT ----------- 3 13.7.2009 The petitioner prays for quashing the seizures dated 13.5.2009 and 14.5.2009 by the Officer-in-Charge, Dhaka Police Station, Camp Kundwachainpur in a case registered under section 7 of the E.C.Act and sections 414, 120B/34 of the Penal Code in Kundwachainpur P.S. Case No.22 of 2009 and for release of one bullock cart and 15 bags Lafarge cement loaded on bullock cart in favour of the petitioner. Learned counsel for the petitioner submits that in fact two more bullock carts with loaded fertilizers were seized by the same police station and this court by order dated 4.6.2009 passed in C.W.J.C.No.6829 of 2009 directed that the bullock carts with seized materials be released on furnishing security. He further submits that the cement is not controlled item. Counsel for the State opposes the prayer for release on the ground that the goods in question were being carried to neighbouring country Nepal. Considering the facts and circumstances of the case, no useful purpose would be served by retaining the bullock cart and the cement loaded on it pending adjudication of the criminal case. This court directs the Chief Judicial Magistrate, East Champaran, Motihari - 2 - KHAN to release the bullock cart and 15 bags of Lafarge cements loaded on it seized in connection with Kundwachainpur P.S. Case No.22 of 2009 in favour of the petitioner on furnishing sufficient security to his satisfaction. However, the release of the bullock cart and the cements would be subject to the result of the criminal case and confiscation proceedings if any. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)