IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.492 of 2009 JITENDRA KUMAR SINGH s/o late Maheshwar Singh, resident of village Chak Ahmad Bhikharpura, P.O. Khabara, P.S. Sadar, District- Muzaffarpur . Versus 1. STATE OF BIHAR 2. Collector, Muzaffarpur. 3. District Supply Officer, Muzaffarpur. 4. Officer Incharge Kudhani ( Fakuli),District- Muzaffarpur. 5. Incharge Fakuli O.p. (Kudhani). ----------- 3 7.12.2009 Petitioner claims to be the owner of the truck bearing Registration no. WB 37A- 3676, which was seized allegedly in relation to Kudhani P.S.Case no. 34 of 2009 dated 1.3.2009 instituted under Section 7 of E.C.Act. It is alleged that the petitioner’s truck was carrying wheat of public distribution system from the godown of Food Corporation of India but on a wrong route .Thus, alleging that it was being taken for black marketing. A confiscation proceeding being Confiscation Case no. 51 of 2008-2009 has already been started by the Collector, Muzaffarpur in that regard. Petitioner submits that no useful purpose would be served by permitting continued detention of petitioner’s truck. Learned counsel for the petitioner submits that admittedly petitioner is an owner and was not involved in transaction in question. Be that as it may, in view of the fact that the truck is a commercial commodity and would only detoriate by continued detention, I direct if an application is made before the learned C.J.M., Muzaffarpur for release of the truck in the aforesaid case, he would 2 consider the same and pass an appropriate order directing release of the truck to the petitioner on furnishing sufficient security to the satisfaction of the learned C.J.M., Muzaffarpur. The release, however, be subject to the final result of the confiscation proceeding as pending before the Collector and the criminal case. It is expected that learned C.J.M.,Muzaffarpur would pass appropriate order within three weeks of such an application is being filed. With the aforesaid observations and directions, this application stands disposed of. Singh (Navaniti Prasad Singh, J.)