g. ® C ”p. , 100 I / IN THE 51GB COURT OF JUDICATURE AT F“ A Writ Petition (C) N05350z2m 1 PETITIONER$ / Gurmit Singh Makam S/o Shri Sardar Sim-”'1 agwd about 48 years, R/o Ga ag, Tatibhand, Raipur, District Raipur (C.G.) Truck Owner (CG, O4—3E«OE§81) through power attorney hoider Gurriam Singh fiSg’D’ Shri Sant Stngh, aged about 31; occupation No. 1202, Ludhiyaua", Busines’x»: Ru Funj'obwe Mo I? VERSUS State of Ch‘nafsti — Collector, D Food Inspector, Durg (C.G.) WRIT PFTTTTGN UNDER ARTICLE 226/227 OF Ti-H LC‘NR é IT‘JTFW i}? INDIA (”J ’ l s rv‘“ i“: RESPONDENTS State of Chhattisgarh & Another (Writ Petition under Article 226/227 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Ms. Renu Kochar, Advocate for the petitioner. Shri Arun Sao, Govt. Advocate for the State. ORDER (Passed on this 30‘ day of September, 201 1) b 1. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks a direction to the respondent authorities to release the petitioner’s truck bearing registration No.CG-O4uJA—O581 on supardnama on the basis of solvent sureties and also sought a direction to modify the impugned order dated 9-9-2011 to the above extent. 3. Learned counsel appearing for the petitioner submits that on 3‘9—2011 when the aforesaid vehicle was going from Aurangabad to Orissa, the authorities of the Food Department seized the same on the ground that it was carrying kerosene oil. Thereafter, the petitioner, being the owner of the vehicle, moved an application before the Collector for releasing the vehicle on supardnama. After considering the same, by order dated 9—9-2011, the Collector directed to release the vehicle on supardnama, subject to deposit of a sum of Rs.3,00,000/~ in the form of Bank Guarantee/FDR ofthe Natiaonlised Bank for a period of one year. Learned counsel prays that the vehicle may be released on supardnama on the basis of solvent surety in place of Bank Guarantee/FDR and accordingly, the order dated 9-9-2011 may be modified. 2 ’3 HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) NO.595O OF 2011 PETITIONER Gurmit Singh Makan Versus QLr On the othér hand. Iearned counsel appearing for the State submits that the vehicle in question was carrying blue kerosene oil, which was meant for distribution through Fair Price Shop. it is an essential commodity and is supplied to the people, who are below poverty line on reasonably cheap rates. The offence of the petitioner is not carrying blue kerosene oil illegally only, but depriving the people who cannot afford purchase of kerosene oil from the open market. Thus, it is a serious matter and the order passed by the Collector is just & proper. The seized kerosene oil was meant for poor people who cannot purchase the same on higher rates. The kerosene oil has been transported in an illegal manner. Therefore, the same cannot be released on the basis of solvent surety. Granting permission to accept solvent surety in place of Bank Guarantee/FDR depends on the nature of offence and other factors. Since it is a serious matter wherein the life of the people at large is involved. Thus, the impugned order is just & proper and in accordance with law. The same does not warrant any interference of this Court. As an upshot, the writ petition is shorn of merit and is accordingly dismissed at the motion stage itself. s W Sd/— SATISH K. ANGNIHORI Judge Gowri