IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.816 of 2010
ANIL KUMAR
Versus
STATE OF BIHAR & ORS
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3 1.10.2010 Heard counsel for the petitioner and the State.
In the instant writ petition the petitioner prays for
release of Truck bearing registration no.N.L.02D-6031 which
was seized in connection with Nokha P.S. Case No.128 of 2009.
Learned counsel for the petitioner submits that the
vehicle is a commercial carrier and neither the petitioner nor his
driver had any idea whether the fertilizer was being carried
illegally. He further submits that the truck is lying in open sky
and as such there is every chance that it will rust.
Learned counsel further submits that the pendency of
confiscation proceeding would be no bar to the jurisdiction of
this court in exercising the power relating to release of vehicle.
This court in appropriate cases has directed for release of the
vehicle in question subject to the result of confiscation case as
well as criminal proceeding.
Counsel for the State submits that the truck in question
was carrying fertilizer illegally.
Having heard counsel for the parties, this court directs
that if the petitioner files an application before the S.D.J.M.,
Sasaram for release of the truck in question, he would release the
Truck bearing registration no.N.L.02D-6031 which was seized
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in connection with Nokha P.S. Case No.128 of 2009, in favour
of the petitioner after being satisfied about the ownership of the
vehicle and on furnishing sufficient 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 the criminal proceedings.
With the aforesaid observations and directions, this
writ petition stands disposed of.
Let this order be communicated through fax at the cost
of the petitioner.
KHAN (S.P.Singh,J)