IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15433 of 2011 1. Gayanti Devi W/O Sri Awadhesh Kumar Singh R/O Vill. Fulma, Police Station - Nawadah, District - Nawadah 2. Sudhan Sao S/O Late Shankar Sao R/O Vill. Morhi, Police Station - Fatehpur, District - Gaya Versus 1. The State Of Bihar 2. The Collector, Gaya 3. The Sub Division Officer, Sadar, Gaya 4. The Block Supply Officer, Fatehpur, District - Gaya 5. The Officer - In - Charge, Police Station - Fatehpur, District - Gaya ---------------------------------- 2 29/09/2011. The petitioners pray for release of truck bearing Registration no. CG 04JA 7055 and the rice and wheat loaded thereon at the relevant time. Truck and the food grains have been seized giving rise to Fatehpur Police Station Case No. 195 of 2011 dated 19.8.2011 under section 7 of the EC Act. The petitioners submits that the food grain is not of the Government agency and the vehicle is a commercial vehicle. He further submits that no useful purpose would be served in detaining his vehicle as well as the food grains in the custody of police. In the facts and circumstances of the case, if the petitioner files a petition before the Chief Judicial Magistrate or court in seisin of the case at Gaya, he would pass order for release of the aforesaid vehicle and 2 the food grains to his satisfaction. 10% of the surety in respect of releasing the food grain would be in form of cash surety. Release of the vehicle would be subject to the result of confiscation proceeding/criminal proceeding. Let this order be faxed to the court as above at the cost of the petitioners. Shashi. (Samarendra Pratap Singh, J.)