JUDGMENT/ORDER :

Madhuresh Prasad, J.

Heard Mr. N.K.Agrawal, learned senior counsel appearing for the petitioner and Mr. Prashant Pratap, learned GP-2 has assisted the Court on behalf of the State-respondent.

2. The writ petition has been filed for a direction upon the Respondent No.2 (the District Magistrate, Madhubani) to release the public Career Truck bearing registration No. UP 14 GT 6408 seized by the Block Supply Officer, Pandaul, in Confiscation Case No.7 of 2019-20, pending before the learned Collector, Madhubani.

3. The learned Senior Counsel has submitted that the release has been prayed for subject to the normal condition that the petitioner would fulfill the adequate security for its release. Upon its release, he would not create any third party right and the truck would be produced before the Authority as and when required.

4. The truck was seized and criminal prosecution was instituted which led to lodging of Sakri PS Case No 73 of 2019, under Sections 420, 120B of the I. P. C. and Section 7 of the Essential Commodities Act (hereinafter referred to as "the Act").

5. Being owner of the truck bearing registration No. UP 14 GT 6408, the petitioner filed an application for release of the same in the criminal proceedings pending before the C.J.M. Madhubani, as contained in Annexure-4 of the writ petition. A report was received in the said proceeding that the petitioner's truck is now subject-matter of Confiscation Proceedings bearing No.7 of 2019-20. In view of these developments, the learned C.J.M., Madhubani vide order dated 23.10.2019 refused to exercise his power for release of the vehicle and the petitioner was, thereafter, left with no alternative than to approach the Collector, Madhubani for release of his vehicle.

6. It is submitted by the learned senior counsel for the petitioner that he has already approached the Court of Collector for release of the vehicle. Till date, however, the vehicle in question has not been released. The truck has, thus, been in custody of the Authority and lying under the open sky now for more than 21 months.

7. From the F.I.R., forming the basis of the seizure, it is apparent that the only statement in connection with the petitioner's truck is that it was parked in the premises of an in-operational rice mill by the name of Madhubani Agro Private Limited. He emphasizes that there is no allegation that the foodgrains had actually been loaded on the petitioner's truck. There was another truck bearing registration number HR 69D 9313, on which 300 bags rice was found loaded, with which the petitioner has no concern. Thereafter, it has been alleged that both trucks were parked in such a manner from which it was clear that in both the trucks food grains were being loaded. Presumption of loading has been stated in the F.I.R. based on the manner in which the petitioner's truck was parked, though there is no allegation that any food grain has been found actually loaded on the truck.

8. The relevant allegations pertaining to the two trucks in the FIR is as follows:

^^------------blds vfrfjDr fey ifjlj esa nks cM+s Vªd [kM+s Fks ftldk uEcj ;wŒihŒ 14 thŒVhŒ 6408 ,oa ,pŒvkjŒ 69MhŒ 9313 FkkA xkM+h la[;k ,pŒvkjŒ 69MhŒ 6313 esa yxHkx 300 cksjs pkoy yksM ik;k x;k rFkk nksuksa Vªd dks bl rjg ls yxk;k x;k Fkk ftlls Li"V gks jgk Fkk fd nksuksa Vªd mDr [kk|kUu dks yksM fd;k tk jgk Fkk----------A**
^^------------mDr funsZ'k ds vkyksd esa ge lHkh ds }kjk mijksDr lHkh oLrqvksa dks ,d= dj tIr fd;k x;k ftlesa pkoy dqy 3554 iSdsV ¼Áfr cksjk ipkl fdxzk½ dqy otu 1777 fDoaVyA mDr pkoy ds iSdsV esa dqy 1905 iSdsV lhy rFkk dqy 1649 iSdsV vufLyM ¼gkFk flykbZ½ ik;k x;k rFkk xsgwa dqy 523 iSdsV ¼Áfr cksjk ipkl fdxzk½ dqy otu 261-50 fDoaVyA mDr xsgwa ds iSdsV esa dqy 45 iSdsV lhy rFkk dqy 478 iSdsV vufLyM ¼gkFk flykbZ½ ik;k x;kA ¼tehu ij fc[kM+s gq, pkoy ,oa xsgaw dks ogka j[ks x, [kkyh twV cSx esa Hkjdj ,d= fd;k x;k½ blds vfrfjDr xksnke esa j[ks x;s bysDVªkWfud dkaVs] lqvk] lqryh ,oa nksuksa Vªd dks tIr dj idM+s x;s lHkh O;fD