Sudhir Ray vs The State Of Bihar & Ors.

Date : 18-08-2026

The petitioner has filed the instant application for the following reliefs:

The brief facts culled out of the Writ petition are that the petitioner is the registered owner of Alto K10 Car bearing Registration No. BR-06AR-4588, which was seized in connection with Industrial Area P.S. Case No. 123 of 2016 dated 15.10.2016, registered under Section 7 of the Essential Commodities Act. During a raid, 2300 litres of blue kerosene oil kept, in 12 drums were allegedly to be recovered along with the said vehicle and a Mini Truck.

The petitioner approached the Learned Judicial Magistrate, 1st Class, Vaishali at Hajipur for release of the vehicle. The Learned Magistrate called for reports from the concerned authorities, and the Deputy Collector recommended confiscation of the vehicle. However, despite lapse of considerable time, the confiscation proceeding has not been concluded and the vehicle continues to remain in the police premises.

The Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle, all its documents are valid and the vehicle is lying in the open at the police station for a long period, resulting in its deterioration and causing financial loss to the petitioner. It is further submitted that keeping the vehicle in police custody for an indefinite period serves no useful purpose. The Learned counsel relies upon the decision of the Hon'ble Supreme Court reported in PLJR 2003 (4) 244 (Sunder Bhai Ambalal Desai Vs. State of Gujarat) and submits that the vehicle ought not to be kept at the police station for an unnecessarily long period.

The Learned counsel further submits that the petitioner is ready to furnish adequate bond and undertaking to produce the vehicle as and when required and, therefore, prays for release of the vehicle in his favour.

Counter affidavit was filed on behalf of the respondent No. 3.

The Learned counsel for the respondents submits that the petitioner is the registered owner of the Alto Car bearing Registration No. BR-06-AR-4588, which was seized in connection with Industrial Area P.S. Case No. 123 of 2016, registered under Section 7 of the Essential Commodities Act.

The Learned counsel for the respondents submits that the case was duly investigated and the allegations were found true against the accused persons. It is further submitted that the vehicle has remained in the custody of the Industrial Area Police Station and has been kept safely.

However, the Learned counsel for the respondents fairly submits that the respondents have no objection for the release of the vehicle in favour of the petitioner and that the Investigating Officer had also earlier requested the Learned court below for its release. It is further submitted that the vehicle may be released, subject to any order or condition imposed by the competent authority/court.

In view of the aforesaid stand, the Learned counsel submits that the present Writ petition may be disposed of in accordance with law.

Having heard the Learned counsel for the parties and considering the materials available on record, this Court finds that the vehicle of the petitioner bearing Registration No. BR-06-AR-4588 has remained in police custody for a considerable period. Admittedly, no confiscation order has been passed, in respect of the said vehicle till date.

It is also significant that the respondents have fairly stated before this Court that they have no objection to the release of the vehicle in favour of the petitioner. The vehicle has already remained in custody for a long period and its continued detention would serve no useful purpose.

In view of the aforesaid facts and circumstances, the present Writ petition is allowed. The respondents are directed to release the Alto Car bearing Registration No. BR-06-AR-4588 in favour of the petitioner, subject to such terms and conditions as may be imposed by the competent authority/court.

It is made clear that the release of the vehicle shall not affect the confiscation proceeding, if any, or the criminal proceeding pending in accordance with law.

In result, the Writ petition is allowed as indicated above.

Interlocutory Application(s), if any, shall stand disposed of.