IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.375 of 2011 Sanjeet Kumar son of Sri Bhagwan Das, Resident of Mohall Khandakpar, bihar sharif, P.s. Bihar Sharif, Dist Nalanda. Versus 1. The State Of Bihar 2. The Supply Inspector, Rationing, Patna. ----------- 2. 17.05.2011 Heard counsel for the petitioner and counsel for the State. Petitioner prays for quashing the seizure of a truck bearing No. BHY 1899 by the Supply Inspector, Rationing, Patna on 18.02.2011 in connection with Bypass P.S. Case No. 15 of 2011 for the alleged offence under Section 7 of the Essential Commodities Act and 421 and 424 of the Indian Penal Code, alternative prayer of the petitioner is for release of the aforesaid vehicle in favour of the petitioner. It is submitted on behalf of the petitioner that keeping the seized vehicle in absence of proper care the same is likely to be damaged. Considering the submissions, this Court is of the opinion that the continuing the seizure of the vehicle for a long time may not be justified. In the above circumstances, it is directed that it will be open for the petitioner to file an application before the Sub- Divisional Judicial Magistrate, Patna City (Patna) in the aforesaid case for release of the truck in question. In case such application is filed within a period of three weeks stating the relevant details along with the certified copy of the present order, the application 2 be considered preferably within a period of three weeks on filing of the said application for release after serving a copy to counsel for the State in advance. It is however, made clear that this Court has not gone into the merit of the case. The aforesaid release shall be subject to the result of the aforesaid criminal proceeding/confiscation proceeding against the petitioner if any. With the aforesaid observations and directions this petition stands disposed of. Let the copy of this order be communicated to the Sub-Divisional Judicial Magistrate Patna City in connection with Bypass P.S. Case No. 15 of 2011 through fax on the cost being deposited by the petitioner. Prakash ( Shailesh Kumar Sinha , J.)