IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.1037 OF 2008 RAMA NISHAD VS STATE AND ANR. ------- 2 07.01.2009. Heard learned counsel for the parties. The petitioner has come to this court for a direction respondent authorities to release his truck (Tata 407) bearing No. BR 31A/8410, seized by the Block Supply Officer, Saraiya on 26.10.2008 for carrying LPG Cylinders giving rise to institution of Saraiya Police Station case no. 242 of 2008 under section 7 of the EC Act and ¾ of the Explosive Substance Act. It is submitted on behalf of the petitioner that he is not a dealer of the gas cylinders rather his truck is a public carrier engaged in transportation of goods on hire. He further submitted that the vehicle in question is lying in open and uncared. It is submitted by the State counsel that as per provisions of law, license is required for carrying explosive substance like LPG cylinders etc which was lacking in the case of the petitioner causing seizure of his truck. Without going into the merits or otherwise of the case, the petitioner is directed to file an application before the S.D.J.M, West Muzaffarpur, who after due verification of ownership, would order for release of the truck above on furnishing adequate sureties to his satisfaction. It is made clear that release of truck is subject to final result of criminal prosecution and confiscation proceeding. The writ petition is disposed of. Let this order be faxed to the court concerned at the cost of the petitioner. Shashi. (S.P.Singh,J).