Nasir Khan @ Nasir v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18228 of 2015 ====================================================== Nasir Khan @ Nasir, S/o Late Malok Khan, resident of Juneja Ki Basti, P.S. Shiv, District - Barmer ( Rajasthan ) .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Muzaffarpur

2. The Collector, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Karandeep Kumar, GP-4 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner prays for release of his commercial truck bearing registration no. RJ 19GE 3686 seized on 13.09.2015 by the District Supply Officer, East Muzaffarpur giving rise to Town P.S. Case No. 719 of 2015 under Section 7 of the Essential Commodities Act and Section 414 of the Indian Penal Code. In view of the fact that the truck bearing registration no. RJ 19GE 3686 is commercial vehicle, no useful purpose would be served by keeping it seized for a long time and this Court is of the view that the same be released in favour of the petitioner on verification of ownership document on furnishing adequate security to the satisfaction of Sub-Divisional Judicial Magistrate,

Patna High Court CWJC No.18228 of 2015 (2) dt.26-11-2015 2 / 2 East Muzaffarpur.

It is made clear that the release of the truck in question will be subject to the result of criminal prosecution and/or confiscation case, if any.

With the aforesaid observation, this application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U