IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18269 of 2009 SHIV KUMAR YADAV, son of Late-Bhuletan Rai, resident of Kali Asthan, Pethiapur, P.S.-Danapur, District-Patna. …….Petitioner Versus 1. The State Of Bihar 2. A.S.I., Digha Police Station, Patna. ……..Respondents. ----------- 02. 09.02.2010 Mr. N. K. Agarawal, learned senior counsel restricts the prayer in this writ application to the release of a public carrier pickup van bearing registration No. BR1X- 7342 which was seized on 16.09.2008 pursuant to which Digha Police Station Case No. 165 of 2008 has been instituted under Section 7 of the Essential Commodities Act. The said pickup van was found carrying sixty loaded L.P.G. gas cylinders for which driver could not produce any certificate. It is stated that the whole proceeding is illegal as the Officer conducted the seizure was not authorized to seize the same under Liquefied Petroleum Gas (Regulation and Distribution) Order, 2000 and as such the criminal case and the confiscation proceeding become illegal. In my view, it is not necessary to go into larger question as admittedly the pickup van is a commercial vehicle and already lying at Digha Police Station for over - 2 - one and half years. No useful purpose would be served by permitting it to remain as such as it would deteriorate its condition. In that view of the matter, I direct that the learned Sub-Divisional Judicial Magistrate, Patna before whom the said case is pending would release the aforesaid pickup van to the petitioner on proper identification in that regard and on proper verification of papers of the vehicle in question on furnishing sufficient security to his satisfaction. This release would further be subject to the final orders that may be passed in the confiscation case and or the criminal case. Let a copy of this order be sent through Fax to the learned Sub-Divisional Judicial Magistrate, Patna for communication at the cost of the petitioner. With these observations and directions, the writ petition stands disposed off. Shageer (Navaniti Prasad Singh, J)