IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23659 of 2009 Lal Singh S/o late Kailash Singh, resident of Teacher’s Colony, Banjari, P.S. Gopalganj, Dist. Gopalganj ….. Petitioner Versus Union of India through Asst. Commissioner, Customs (P) Division, Motihari, East Champaran …… Opp. Parties ----------- For the Petitioner : Md. Nadim Seraj, Advocate Mr. Shailesh Kumar, Advocate For Union of India : Mr. Sarvadeo Singh, Advocate 3. 19.7.2011 The petitioner seeks release of his Bolero jeep bearing registration No.BP-28B-6571, which was seized in connection with N.D.P.S. case No.88 of 2008 when it was found loaded with ganja. The petitioner, who is not an accused in the case but owner of the said Bolero jeep, prayed for release of the said jeep, but the court declined to do so after having noted that confiscation proceeding is liable to be proceeded and in all probability it is going on. A specific report was called for from the 9th Additional District & Sessions Judge, East Champaran, Motihari as to whether confiscation proceeding has been initiated in this case with regard to the vehicle and the court has replied that it has not yet been initiated. Under the circumstances, the 1st Additional Sessions Judge, Motihari is directed to release the vehicle since it is a decaying item after verification of the papers to the petitioner on a surety to be fixed by it also on the undertaking of the petitioner that he will produce the - 2 - vehicle as and when the court requires it to do so. It will be open to the Customs Department to initiate a confiscation proceeding if it so desires. With these observations, this application is disposed of. Let the order be communicated to the court of 1st Additional Sessions Judge, East Champaran at Motihari in connection with N.D.P.S. case No.88 of 2008 through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J. )