ORDER

Petitioner’s vehicle bearing Registration No. BR-02 GA-3803 was seized in connection with Khagaria (C.Nagar) P.S. Case No. 426 of 2020, dated 17th of June, 2020. It is alleged by the State-Respondents that the aforementioned vehicle was seized way back on 17th of June, 2020, with some loaded article seemed to be essential commodities. The truck and the loaded articles, i.e., bags of rice were seized by the Block Development Officer, Alauli and the seizure was affected in connection with the above-mentioned police case.

2. It is submitted by the learned Advocate for the petitioner that the said truck is lying outside the police station unattended and in such a condition that the vehicle may not be run without heavy repairing.

3. Learned counsel for the State submits that the vehicle was seized along with the essential commodities and before completion of the prosecution case, the vehicle cannot be returned as it is an alamat in connection with the said case.

4. It is needless to say that by virtue of Central Government Notification dated 15th of February, 2022 any dealer is authorized to freely buy, stock, sell, transport, distribute, dispose, acquire, use or consume any quantity of wheat, paddy/rice coarse-grains, sugar, edible oil\seeds and edible oils and shall not require a permit or licence therefore under any order issued under the Essential Commodities Act, 1955.

5. It is submitted by the learned Advocate for the petitioner that this case is fully covered by the judgement of this Court in the case of Ganpati Traders vs. State of Bihar & Ors. reported in 2022 (6) BLJ 161. The learned Advocate for the petitioner has prayed for passing the similar order.

6. Having heard the learned counsel for the parties, this Court directs release of the vehicle in question subject to the petitioner submitting his document of ownership and surety bond (not in cash or bank guarantee) to the extent of value of the vehicle as per insurance documents to the satisfaction of the District Magistrate, Khagaria. Such release shall be subject to trial or confiscation proceeding, if any initiated in the future within three weeks from the date of this order.

7. The instant writ petition stands disposed of with the above direction.