IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.687 of 2010 HEMANT KUMAR son of Sri Brajnandan Sharma, resident of village Gaura, P.S. Teghra, District- Begusarai. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. District Magistrate, Lakhisarai 3. Divisional Forest Officer, Munger 4. Forest Range Officer (Forester), Singhaul, District Munger. 5. District Transport Officer, Lakhisarai. 6. Superintendent of Police, Lakhisarai 7. Officer-in-charge, Lakhisarai police station, Dist.- Lakhisarai. . . . . . Respondents. ----------- 4/ 16.09.2010 Learned counsel for the petitioner is permitted to make necessary correction in 1st line of paragraph no. 14 of the application. In the instant writ application, the petitioner prays for release of truck bearing registration no.BR 9F – 2301 along with metal loaded on the said truck. Learned counsel for the petitioner submits that he is owner of truck bearing registration no. BR 9F 2301, which is a Ten wheeler truck and has been purchased on hire purchase basis for using it, as a commercial carrier. He further submits that tax has been duly paid up to 30.06.2010 and permit is valid till 14.09.2010. Learned counsel for the petitioner submits that the truck was carrying metal of 3/4 size on 20.06.2010 from Munger to village Birpur in the district of Begusarai. The said Boulder was purchased from one Rajesh Kumar, a license holder granted by the Government. True copy of Challan is annexed as annexures-2. He further submits that while the truck was passing through Lakhisarai on 20.06.2010, the same was sized by the District Transport Officer on the ground of overloading. The District Transport Officer imposed fine of Rs. 15,100/- and the truck got parked in 2 Lakhisarai police station. The petitioner accordingly deposited the fine amount of Rs.15,100/- on 21.06.2010, a copy of receipt showing the deposit of fine has been annexed as Annexure-3. He further submits that even after depositing of fine, the truck was not released then the petitioner filed application on 22.06.2010 before the District Transport Officer, Lakhisarai for a direction to release the truck. A copy of application dated 22.06.2010 is annexed as Annexure-4. He further submits that the District Transport Officer, Lakhisarai endorsed on the application for release of the truck to the Officer incharge, Lakhisarai police station. However, Officer-in-charge, Lakhisarai police station stated that the truck has been given to him on Jimmenama by Forest Range Officer, Singhaul. Counsel for the petitioner further submits that when the truck was itself seized on 20.06.2010 for overloading, the alleged seizure of the truck at Vidyapati Chowk, Lakhisarai at 8.00 A.M. on 22.06.2010 itself appears to be suspicious. On 22.06.2010, the Forest Range Officer, Singhaul, Munger filed a prosecution report in the court of Chief Judicial Magistrate, Lakhisarai in a case bearing case no. 67 C 2/2010 (Annexure-6). A counter affidavit has been filed on behalf of respondent nos. 6 and 7. In paragraph no.-6 of the counter affidavit it is stated that in fact the truck has been seized by the Forest Department and kept in the concerned police station campus. Thus, two contradictory evidence appears in the case. On one hand it appears that the truck was seized for overloading and kept in the police station and was appropriately fined, whereas affidavit filed on behalf of the respondent nos. 6 and 7 3 disclosed that the truck was seized on 22.06.2010. The seizure list shows that the truck was seized on 22.06.2010 at 8.00 A.M., whereas the person, making the seizure has signed as 20.06.2010. He submits that in the column of the accused no one has been named an accused. The seizure list does not show that the truck or loaded metal was seized from a protected or reserved forest area. He further submits that the statement that boulder was purchased from one Rajesh Kumar, a license holder, is not controverted. Having taking into consideration the facts and circumstances of the case, this Court directs that the truck in question be released on furnishing adequate security, one of which in form of Bank guarantee. It would be extended time and again till the proceeding, if any commences. The Metal / boulder would also be released on furnishing adequate security in form of cash deposit. The release of the truck and the boulder would be subject to result of confiscation proceeding as well as criminal proceeding, if any. This application is allowed to the extent mentioned above. Uday/ (Samarendra Pratap Singh, J.)