1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO. 935/2002 (State of Rajasthan Vs. K.R.Maheshwari & Anr.) Date of Order : 27/07/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. V.R.Mehta, P.P. Mr. Manish Shishodia for the respondents. BY THE COURT:- By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner State of Rajasthan has challenged the order dated 19.06.2002 passed by the Additional Sessions Judge No.1, Bhilwara (for short 'the appellate court' hereinafter) in Criminal Appeal No. 11/02 whereby the appeal filed by the respondents against the order dated 13.3.2001 passed by Collector and District Magistrate, Bhilwara (for short 'the trial court' hereinafter) was allowed and the order passed by the trial court was set aside to the extent confiscating 37 gas cylendars. I have heard learned public prosecutor for the State and counsel appearing for the accused respondents. Carefully gone through the order passed by the trial court and the 2 appellate court. Before the trial court, the respondents contended that they are Directors and the Distributors of M/s Gagan Gases Limited in Pritampur district Dhar, M.P. and possess explosive licence and have been trading in supply of the gas in the area of the Bhilwara. The explosive licence has been produced on record. The appellate court came to the conclusion that the accused respondents are authorized persons for distribution of liquid petroleum gas throughout the country and therefore, were in possession of the alleged gas cylendars under the valid licence and accordingly while allowing the appeal directed to return the gas cylendars to the accused respondents. In my view, the order of the appellate court cannot be said to be suffering from any error, illegality or perversity warranting interference. It cannot be said that the order impugned would result in serious miscarriage of justice or abuse of process of the Court. The gas cylendars have been returned by the order dated 19.6.2002 and so far there had not been any interim stay. Thus, the gas cylendars have already been returned and consumed by the accused respondents. The petition has no force and it is therefore, dismissed. (H.R.PANWAR),J. rp