PRABHU DAYAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner prays for provisional release of his truck bearing registration no. JK 21 C 4707, chassis no. MB1KADYD8FPSR5412, Engine no. FSPZ141739, Model 2016 which has been seized in connection with Khagaria P.S. Case no. 30 of 2020 registered under sec. 188 of the Indian Penal Code and sec. 7 of the Essential Commodities Act, 1955.

(3.) It is submitted by learned counsel for the petitioner that the respondent authorities seized the truck and rice loaded on the said truck on the basis of suspicion. The arwa rice being a free sale item, it is neither taxable nor a controlled item and thus the petitioner has not violated any of the terms of the Essential Commodities Act. The vehicle in question is lying in the open sky. The petitioner undertakes that as and when the vehicle would be required, he shall produce the same before the authorities concerned. Further referring to the order dtd. 8/7/2021 passed by learned SDJM, Khagaria, learned counsel for the petitioner submits that a confiscation proceeding being Case no. 4 of 2020-2021 has been initiated, however the petition filed for release of the vehicle was rejected vide order dtd. 8/7/2021. The petitioner prays that the vehicle be released provisionally.