Sultania Carriers Pvt. Ltd. vs. The State Of Bihar& Ors.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14511 of 2013

M/S Sultania Carriers Pvt. Ltd. a incorporated under the Company Act 1956 having its registered office at IOC Petrol Pump, P.O. Barauni Refinery Township, P.S. Town And District Begusarai through Its Managing Director Shri Gopal Prasad Sultania S/O Late Purushottam Lal Sultania, R/O Marwari Mohalla, P.S. Town And District - Begusarai

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.... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate-cum-Collector, Begusarai

2. The Sub-Divisional Officer, Sadar Begusarai

3. The Block Supply Officer, Barauni, Begusarai

4. The Superintendent of Police, Begusarai

5. The Officer-In-Charge, Barauni (Refinery) Police Station, Begusarai

.... .... Respondents

CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 05-08-2013 The Tank/Lorry of the petitioner bearing Registration

No.BR-9D-9489 was seized on way when the driver and khalasi were found taking out the diesel from the tanker. A case under Section 7 of the E.C. Act was registered vide Barauni Refinery P.S. Case No.344/13.

Learned counsel for the petitioner submits that the petitioner is a firm of a petrol pump and the tanker belongs to it. He submits that petitioner was getting diesel transported from the outlet of the I.O.C. to one petrol pump under the valid authority of the Corporation. He submits that the case instituted now may take quite some time in getting finally disposed of. In

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the meanwhile, if the Tank/Lorry remains standing in open with diesel loaded, the same may gradually rust and its condition may deteriorate and it may become unfit for plying again and the diesel may evaporate or its quality may deteriorate making it unfit for use. He submits that the Tank/Lorry loaded with diesel lying in the police station may also be a health hazard for the police personnel themselves. He places reliance on two orders of the Apex Court passed in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283] and General Insurance Council & Ors. Vs. State of Andhra Pradesh & Ors. [(2010) 6 SCC 768] and submits that this Court may direct the court concerned to exercise its powers under Section 451 read with 457 of the Code of Criminal Procedure and pass orders for release of the diesel and the Tank/Lorry in the light of the guidelines laid down by the Apex Court in the said order.

After going through the said orders of the Apex Court, relied upon by learned counsel for the petitioner, learned counsel for the respondents submits that the same has to be followed by all courts of the Country in similar matters as the same is a law of the land.

This writ application is, accordingly, disposed of with liberty to the petitioner to file a formal application for release of

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the tanker and the diesel before the S.D.J.M., Begusarai/court concerned for exercise of his powers under Section 451 read with 457 of the Cr.P.C. As and when such application is filed, the court concerned is directed to exercise its powers in the light of the guidelines laid down by the Apex Court in the said orders and pass orders for release of the diesel and the Tank / Lorry with such reasonable terms and conditions as it may deem fit and proper, preferably within two weeks from the date of filing of application by the petitioner, which shall be subject to the final result of the case.

Let a copy of this order be sent to the court concerned through fax at the cost of the petitioner.

B.T/-

(Jayanandan Singh, J)