IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7002 of 2010 1. Sunil Kumar S/O Awadeshwar Tiwari R/O Mohalla- New Raghopur, P.S.- Ahiyapur, Distt.- Muzaffarpur. Versus 1. The State Of Bihar 2. The Block Supply Officers, Mushahari, Muzaffarpur. ---------------------------------- 4. 17.11.2011. Heard Mr. Hari Kishore Thakur, learned counsel appearing on behalf of the petitioner and Mrs. Rani Singh, learned Assisting Counsel to G.A.2 appearing on behalf of the State. The petitioner is aggrieved by order dated 29.8.2008, whereby 33 Liquified Petroleum Gas cylinder of 14.2 kg each, of which 31 cylinders were duly filled and 2 were empty together with 2 empty cylinders of 2 kgs. each and 1 empty cylinder of 4 kgs. along with refilling machine, measuring instruments were seized. Pursuant to the seizure aforesaid, a first information report was instituted giving rise to Ahiyapur P.S.Case No.340 of 2008 registered for the offences punishable under section 7 of the Essential Commodities Act, 1955. It is the contention of the petitioner that he is neither a dealer nor an agent rather he facilitates the consumers in getting their cylinders refilled and for which he charges a 2 small amount for rendering such services. It was submitted that such of the consumers who did not have sufficient time to stand in the queue and obtain the refilled cylinders, authorize him to take the delivery on their behalf and for which they pay some small service charge. The petitioner contends that it is in this back ground that the cylinders aforesaid were lying out side his premises. It is the contention of the petitioner that a similar issue had come up for consideration before this court in C.W.J.C.No.6875 of 2008 (Sanjay Kumar & Amit Kumar Vs. The State of Bihar & ors) when a bench of this court, considering the circumstances, by order dated 19.9.2008 was pleased to direct the release of the cylinders subject to furnishing security and subject to the result of the criminal case/ the confiscation proceeding, if any pending. This Court considering the submissions of he learned counsel in the light of the judicial pronouncement of this court referred to above, had directed the learned counsel for the State to seek instructions and file counter affidavit. The writ petition having been filed on 21.4.2010 with two adjournments thereafter, no counter affidavit has been filed and today also, the learned counsel 3 appearing on behalf of the State shows helplessness in absence of instructions. Regard being had to the circumstances and taking into consideration the pronouncement of this court in the case of Sanjay Kumar and Amit Kumar (supra) arising from C.W.J.C.No.6875 of 2008 passed on 19.9.2008, the writ petition is disposed of with direction to the Sub Divisional Judicial Magistrate, Muzaffarpur, East to release the cylinders seized as per the seizure list appended to the first information report in Ahiyapur P.S.Case No.340 of 2008 subject to furnishing of security as may be fixed by the said court which shall neither be in the shape of Bank guarantee nor in cash. The release aforesaid, shall, however, be subject to the result of the criminal/confiscation proceedings, if any pending. Let this order be communicated by Fax to the Sub Divisional Judicial Magistrate, Muzaffapur, East at the cost of the petitioner. ahk (Jyoti Saran, J.)