IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8155 of 2010 1. RAM NATH ROY, S/O SRI KEWAL RAI, R/O DUDHAILA,P.S.-SONEPUR,DISTRICT-SARAN. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY CUM COMMISSIONER, DEPARTMENT OF FOOD AND CONSUMER PROTECTION, GOVT.OF BIHAR,PATNA 2. THE DISTRICT MAGISTRATE CUM COLLECTOR,MADHUBANI. 3. THE SUPERINTENDENT OF POLICE,MADHUBANI. 4. THE BLOCK SUPPLY OFFICER, KALUAHI, DISTRICT MADHUBANI. 5. THE OFFICER IN CHARGE,KALUAHI POLICE STATION, DISTRICT MADHUBANI. ----------- 2 17.5.2010 Petitioner is the owner of a public carrier Tank Lorry bearing Registration No. BR-1G-1595, which has been seized and is lying in connection with Kaluahi P.S.Case no. 62 of 2009 registered under Section 7 of E.C.Act read with Sections 414 and 418 of the Indian Penal Code and the relevant provisions of Motor Spirit and High Speed Diesel (Regulation, Distribution and Prevention of Malpractice), Order, 1998. It is alleged that Tank Lorry was carrying some chemical, which is used to manufacture petrol from K.Oil. It was seized on the alleged ground that the chemical would have wrongly used as an adulterated. There is no allegation as to what actual the chemical used whether any such use was found but merely on suspicion the Tank Lorry was seized and the proceeding initiated. Having considered the matter, in my view, there 2 being no definite allegation in regard to any particular dereliction, I direct that tank lorry be released to the petitioner on proper identification on the terms and conditions and the satisfaction of the learned C.J.M., Madhubani. While ordering the release, he would direct keeping of sample of the fluid loaded thereon as also for safe custody of fluid contained in the tanker. This would, however, be subject to the criminal case and the confiscation proceeding, if any, in relation thereto. With the aforesaid observations and directions, the writ petition stands disposed of. Let a copy of this order be communicated to learned C.J.M.,Madhubani by FAX at the cost of the petitioner. singh ( Navaniti Prasad Singh, J.)