IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.24613 of 2011 Jai Krishna Kumar & Ors. Versus The State Of Bihar ----------- 3 27.09.2011 Petitioner, Raja Ram Yadav who happens to be owner of Truck bearing registration no. BR11A 7205 and petitioner, Jai Krishna Kumar owner of Truck bearing registration no. HR 47C 1095 prayed for release of the aforesaid truck and for which filed instant petition on having refusal by successive courts, SDJM, Saharsa vide order dated 03.05.2011 as well as by the First Additional Sessions Judge, Saharsa order dated 22nd June, 2011 in Cri. Revision No.46 of 2011. Heard the learned counsel for the petitioners as well as learned A.P.P. In spite of having granted sufficient opportunity vide order dated 09-09-2011, the State failed to file counter affidavit, more particularly whether a confiscation proceeding under Section 6A with regard to seized truck has been initiated or not though from the revisional court order it is evident that for seized grain, the same is pending. Block Supply Officer filed written report bearing an allegation that during course of transportation, the driver and Khalasi of four trucks which were loaded with rice way lain in midst of way and was intercepted while being unloaded for the purpose of black marketing. The Hon’ble Apex Court in a decision reported in 2002(10) SCC, page 283 at para-17 had directed to all courts, so far, release of vehicle is concerned wherein it has been observed: “In our view, whatever be the 2 situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In the light of the aforesaid direction the prayer of the petitioners are allowed. The learned court is directed to verify the genuineness and authenticity of the documents relating to the vehicle aforesaid and then release with the following undertaking: (a) the petitioner will not change / transfer ownership of the respective truck during continuance of instant proceeding. (b) Will produce the vehicle whenever and wherever directed by the court, on a bank guarantee of Rs.6,00,000/- in connection with Saurbazar P.S. Case No.231 of 2010 Special Case No.8 of 2010 under Section 7 of the E.C. Act. Accordingly, petition is allowed. PN (Aditya Kumar Trivedi, J.)