IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29312 of 2010 SRIYAM CARRIERS, G-2, Site No.3 Panki Industrial Area, Kanpur, Uttar Pradesh, 208022, through its partner THRU. RAJESH KUMAR AWASTHI son of late Kaialsh Narayan Awasthi. Versus 1. THE UNION OF INDIA 2. The Assistant Commissioner, Customs(prev) Division, Motihari, Bihar. 3. The Superintendent, Customs(prev)Division, Motihari, Bihar. ----------- 4 01.09.2010 Heard learned counsel for the parties. The petitioner seeks quashing of the order dated 16.06.2010 passed by 9th Additional Sessions Judge, Motihari in N.D.P.S. Case No. 130 of 2009 by which he has refused to release the truck bearing registration No. UP78 BT 2794 and Makhana weighing 1350 Kg. loaded thereon. From the impugned order it appears that the only reason for refusal to release the truck is that it transported ‘ganja’ illegally on the said truck in the pretext of Makhana. In my view there is no reason for refusal of the release of the truck or the articles loaded thereon since there is no dispute with regard to the ownership of both the articles. In view of such this application is allowed and the order dated 16.06.2010 is quashed. A 2 further direction is given to the Court below to release the truck as well as Makhana loaded on it to its satisfaction on such surety as it determines. The petitioner shall also give undertaking that he shall produce the truck as and when it is required during trial and shall not dispose it off/transfer it in the meanwhile. It goes without saying that the Court below shall satisfy itself about the veracity of the ownership of the truck/makhana before releasing the same. It is made clear that this order is being passed in the understanding that no confiscation proceedings have been initiated in regard to the truck in question and will be subject to the result in confiscation proceeding if any. The order be communicated through fax at the cost of the petitioner. Bibhash ( Anjana Prakash, J.)