IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13935 of 2011
Samresh Kumar S/O Umesh Kumar Singh Resident
+ P.O.- Kustore, P.S.- Kendua Dih, Distt.- Dhanbad
Versus
1. The State Of Bihar Through Collector, Nalanda
2. The Marketing Officer, Municipal Area, Biharsharif,
Nalanda
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2 23/09/2011. The petitioner prays for release of truck bearing
Registration no. JH -11F 7583, seized loaded with rice giving
rise to Laheri Police Station Case No. 161/2011 u/s 406 &
409 IPC and 7 of the EC Act.
The petitioner submits that the rice is a decontrolled
commodity and provision of the E.C.Act would not be
applicable in such cases. He submits that no useful purpose
would be served in detaining his vehicle, which is a
commercial vehicle.
In the facts of the case, the writ petition is
disposed of with direction that if the petitioner files an
application before the Chief Judicial Magistrate, Biharsharif
at Nalanda with all the relevant papers regarding ownership
of the vehicle, the learned Magistrate would pass order for
release of the vehicle on furnishing adequate surety. Release
of vehicle would be subject to the result of criminal
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prosecution/ confiscation proceeding.
Let this order be faxed to the court of the Chief
Judicial Magistrate, Biharsharif at Nalanda at the cost of the
petitioner.
Shashi. (Samarendra Pratap Singh,J.)