IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11642 of 2009 1. RAJKAPOOR SINHA SONOF LATE BAIJNATH SINGH, RESIDENT OF VILLAGE IMAMGANJ, P.S. PALIGANJ, DISTRICT PATNA 2. KRISHNA KUMAR GUPTA SON OF LATE KAPILDEO PRASAD, RESIDENT OF VILLAGE IMAMGANJ, P.S. PALIGANJ, DISTRICT PATNA …PETITIONERS Versus THE STATE OF BIHAR & ORS …RESPONDENTS ---------- - For the petitioners : Mr. Mrigank Mauli, Advocate Mr. Vinay Mistry, Advocate For the State : AC to G.A.6 3 10.9.2009 In the instant writ petition the petitioners pray for release of his vehicle Tata Magic-ACE bearing registration no.BR-56-0884 which has been seized in violation of section 7 of the Essential Commodities Act in connection with Karpi P.S. Case No.109/2009. The petitioners submit that they are not a dealer in Kerosene oil rather they are owners of the aforesaid vehicle. The petitioners further submit that they are entitled to release of their vehicle, as this court has already decided similar matter by order dated 28.5.2007 passed in C.W.J.C.No.14783 of 2006, contained in Annexure-3. Having heard counsel for the parties and in view of the fact that similar matter has been decided by a bench of this court by order dated 28.5.2007 passed in C.W.J.C.No.14783 of 2006, this court directs the Chief Judicial Magistrate, Jehanabad to release the Tata Magic-ACE bearing registration no.BR-56-0884, seized in connection with Karpi P.S. Case No.109/2009, in favour of the petitioners on their furnishing adequate security to his satisfaction. The petitioners will also give an undertaking that they will not sell the vehicle in question during the pendency of confiscation/criminal proceeding and will produce the same as and when it will be required in connection - 2 - KHAN with the pending proceeding. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)