IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.976 of 2007 VIJAY PRASAD SAH Versus STATE OF BIHAR & ANR ----------- 3 9.5.2008. Heard the parties. In the instant writ petition the petitioner has prayed for release of his public carrier truck Tata 608 bearing No. BR 33-9192 seized by the Sub Divisional Officer, Lakhisarai. The prosecution case in short is that at 9.15 pm on 25.8.2007 the SDO, Lakhisarai, acting on a tip off, seized the aforesaid truck at Dall Patti New Bazar Lakhisarai Main Road carrying 120 bags, each bag containing 50 kilogram of Kesari dal. The Driver of the truck, namely, Mukesh Kumar who is the son of the petitioner was arrested with the said truck as he was driving the vehicle. It is further alleged in the FIR that the petitioner used to purchase Kesari from Dall Patti New Bazar area and from other mills and sell the same at different place which is illegal as per the State Government’s notification dated 27.9.2002, annexure 2. Thus Lakhisarai PS case no. 407 of 2007 was registered for offence under sections 270, 273 and 420 of the penal code against the petitioner, his son and one another accused person. Learned counsel for the petitioner submits that though Kesari dall is only banned substance as food stuff for human consumption but however it is usable commodity for cattle feed etc. it is submitted that the Kesari dall in question was being carried not for sale as food stuff for human consumption, as such, its seizure and seizure of truck is bad in law. He further submits that the allegation as contained in FIR would be the subject matter of trail and herein the petitioner has moved for release of his truck with an undertaking that he would - 2 - produce the same whenever it is required in the trial. He submits that transport vehicles which are seized and kept in custody of district administration generally remains uncared and exposed to the vagaries of weather causing its early decay. The matter relating to release of vehicles, food grains and other items were in consideration before the Apex court in case of Sunderbhai Ambalal Desai Vs State of Gujrat, reported in 2003(4) PLJR SC 244, wherein the Apex court has categorically ruled that vehicles, food grains,etc which are also subject to decay and deterioration should be released without delay on furnishing adequate surety. It is submitted by the State counsel that the petitioner was in business of purchasing Khesari, a banned food grain and selling the same at different places by duplicating it as Arahar dal by cutting and colouring the same is a grave offence. He refers to annexure 3, the notification of the State Government issued under Rule 44-A of the Prevention of Food Adulteration Rules, 1955 which mentions that no person shall sell or offer or expose for sale, or have in his possession for the purpose of sale, under any description or for substantive use as an ingredient in the preparation of any article of food intended for sale made of Khesari. Having heard the parties, this court directs that if the petitioner files a petition before the SDO, Lakhisarai for release of his truck and then the SDO satisfies himself regarding its ownership, the same would be released on furnishing sufficient sureties as well as cash deposit of Rs 5,000/-. Such order would be passed by the SDO, Lakhisarai within three weeks of filing of the petition by the petitioner. It is made clear that this order is subject to the result of the confiscation - 3 - Shashi. proceeding if any or the final disposal of the criminal case. Petitioner would not transfer in any form the vehicle in question till the pendency of the order and would produce the same whenever required.. The writ petition is allowed to the extent above. Let this order passed in Lakhisarai P S case no. 407 of 2007 be communicated to the court of the ACJM, Lakhisarai through fax on payment of charge by the petitioner. (S.P.Singh,J.).