IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.507 of 2008 SUKHENDRA YADAV Versus STATE OF BIHAR & ORS ----------- With CR. WJC No.508 of 2008 LAKSHMAN PRASAD & ANR Versus STATE OF BIHAR & ORS ----------- 3 18.8.2008 Heard counsel for the petitioners and the State. The petitioner in Cr.W.J.C.No.507 of 2008 prays for release of his vehicle being truck no.BR-52-3147 and the petitioners in Cr.W.J.C.No.508 of 2008, who are claiming to be the owners, pray for release of their vehicle being truck no. BRQ 7407. It appears that the aforesaid two trucks loaded with rice were seized while they were proceeding towards Jogbani giving rise to Jogbani P.S. Case No.43 of 2008 being Special Case No.11 of 2008 for an offence under section 7 of the E.C. Act. Learned counsel for the petitioners submits that rice is de- controlled commodity and a bench of this court by order dated 28.5.2008 passed in C.W.J.C.No.8071 of 2008 directed for release of the rice in question on furnishing appropriate security. He further submits that the petitioners are the owners of the vehicle in question and they do not deal in either purchase or sale of rice. He submits that their main business is to ply the vehicle in question on hire rent for transporting the goods from one place to another. Learned counsel for the State submits that in fact the vehicles in question in all probability were carrying the rice to the - 2 - KHAN neighbouring country Nepal and as such the same were seized. He further submits that the petitioners in spite of repeated direction of the learned Magistrate could not produce relevant papers showing the ownership of the trucks in question. Without going into the merit of the case, this court finds that no useful purpose would be served by keeping the vehicles in question under seizure for a long time as it would be subject to decay also. Having heard learned counsel for the parties, this court observes that if the petitioners files an application before the S.D.J.M., Araria for release of vehicle in question, the learned Magistrate would release their trucks bearing registration nos. BR-52- 3147 and BRQ 7407, which were seized in connection with Jogbani P.S. Case No.43 of 2008 being Special Case No.11 of 2008, after being satisfied about their ownership of the vehicles, on furnishing adequate security as well as cash security of Rs.5000/- each to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, these writ petitions stands disposed of. Let this order be communicated to the S.D.J.M., Araria through fax at the cost of the petitioners. (S.P.Singh,J) - 3 -