Seized vehicle ordered released upon adequate non-cash security equal to its assessed value.

The petitioner sought to set aside the Collector, Madhepura’s order dated 28 August 2019 in Confiscation Case No. 27 of 2019, which confiscated his pick-up van under Section 6A of the Essential Commodities Act, and requested its release

Counsel for both parties submitted that the issue was covered by the Patna High Court’s order in Anil Kumar v. State of Bihar, CWJC No. 1084 of 2025, and requested disposal on the same terms

The Court adopted that approach and directed release of the vehicle seized in connection with Chausa (Phulaut) P.S. Case No. 62 of 2019, subject to conditions

1. Whether the petitioner’s vehicle should be released pending further proceedings on terms corresponding to those laid down in Anil Kumar v. State of Bihar

2. Whether release should be conditional on furnishing security or sureties assessed by the District Magistrate and compliance with any further conditions imposed by that authority

Section 6A of the Essential Commodities Act was the provision under which the confiscation proceeding was initiated

The Court relied on the coordinate Bench’s order in Anil Kumar v. State of Bihar, which directed release of a seized vehicle upon the owner furnishing adequate and sufficient security or sureties, other than cash or bank guarantees, up to the vehicle’s assessed value, and undertaking to comply with further conditions imposed for future proceedings

The District Magistrate was to assess the vehicle and issue an appropriate order within two weeks of receiving or being communicated the High Court’s order

The parties agreed that Anil Kumar governed the issue, and the Court accepted that submission

Applying that precedent, it directed release of the petitioner’s vehicle subject to security or sureties—excluding cash and bank guarantees—up to the value assessed by the District Magistrate, Madhepura, together with compliance with any further conditions imposed for future proceedings

The District Magistrate was directed to assess the vehicle and pass the necessary order within two weeks

The District Magistrate, Madhepura, was directed to release the seized vehicle subject to the specified security and other conditions, and to pass an appropriate order within two weeks of receipt or communication of the judgment