IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18564 of 2011 1. Murari Prasad Jaiswal @ Krishna Murari Jaiswal S/O Shankar Dayal Jaiswal R/O Simra Bazar, P.S.Simra, Distt-Aurangabad Versus 1. The State Of Bihar 2. The District Agriculture Officer Aurangabad 2 14.12.2011 Heard counsel for the petitioner and the State. The petitioner prays for release of his Pick-Up Van bearing registration no.BR-26B-3753 which was seized by the District Agriculture Officer, Aurangabad on 24.8.2011 in Simara P.S. Case No.15/2011 under section 7(1)(a)(ii) of the E.C. Act. The petitioner submits that his Pick-Up Van was hired for the purposes of transportation of fertilizers. The petitioner is neither the owner of the fertilizers nor he has any concern with the same. The petitioner further submits that the business in fertilizers up to 10 MT, which comes to 200 bags of 50 Kgs each, has been de- notified in the year 1992 and admittedly the quantity seized in this case is much less than the 10 MT. The petitioner submits that the Pick-Up Van is a commercial Van and the petitioner has purchased the same after taking loan from the financial company. Further more, the Van is under seizure since August, 2011. I am of the view that no useful purpose would be served by keeping the Pick-Up Van in question under seizure for a long time as it would be subject to decay also. In the circumstances, I observe that if the petitioner files an application before the Chief Judicial Magistrate, Aurangabad for release of the Pick-Up Van in question, the learned 2 Magistrate would release the Pick-Up Van bearing registration no. BR-26B-3753, which was seized in connection with Simara P.S. Case No.15/2011, after being satisfied about the ownership of the vehicle, on furnishing adequate security to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the Chief Judicial Magistrate, Aurangabad through fax at the cost of the petitioner. KHAN (S.P. Singh,J)