IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11283 of 2011 SURESH DUBEY S/O SHRI KANTA PRASAD DUBEY, R/O VILL.- PAPRORE, P.S.- BARAUNI. DISTT.- BEGUSARAI……………………………………….PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR. 2. DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI. 3. SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI. 4. SUPPLY INSPECTOR, RAMGARHWA, DISTRICT EAST CHAMPARAN, MOTIHARI…………………..RESPONDENTS. For the petitioner : Mr. Lakshmi Kant Sharma, Advocate. For the respondents : Mr. Sunil Kr. Mandal, SC-24 with Mr.(Dr.)Abdus Shakoor, AC to SC-24. ---------------------------------- 04/ 10.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner, namely Suresh Dubey, who is the Holder of Power of Attorney dated 23.09.2010 (Annexure-2) from Mr. Ramesh Kumar Batra, who is the partner of M/s Shree Rama Roadways the admitted owner of the vehicle, challenging order dated 03.06.2011 passed under section 6A of the Essential Commodities Act, 1955 in Supply Case No.103 of 2010 by which the District Magistrate, East Champaran (respondent no.2) confiscated the Liquefied Petroleum Gas (hereinafter referred to as LPG for the sake of brevity) loaded on the tanker bearing Registration No. HR 74-1429 and also directed that after appropriate custody of LPG tanker and unloading of LPG loaded on the tanker in question, the tanker be released subject to furnishing security paper bond of Rs.15 lacs and further submitting of equivalent amount of - 2 - surety. The petitioner further seeks a direction to the respondents to release the tanker along with LPG loaded thereon in favour of the petitioner, as the petitioner is the Power of Attorney Holder of the owner of the tanker in question and LPG loaded on the tanker is meant for the export for Nepal for which he has got the required permit and there is absolutely no contravention of any provision of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order and for other ancillary reliefs. 3. On the other hand, learned counsel for the respondents authorities vehemently opposes the contentions of learned counsel for the petitioner and submits that the tanker has already been directed to be released and the petitioner is permitted to take away the tanker after furnishing security, but since the petitioner is not the owner of LPG loaded on the tanker, he cannot be permitted to take away the said LPG. 4. Considering the averments made by learned counsel for the parties as well as the materials on record, it is quite apparent that the consignor of LPG filled in the tanker is the Indian Oil Corporation and the consignee is Gauri Shankar Gas Udyog Private Limited, Nepal Oil Corporation Sangha, Kathmandu, Nepal and the Indian Oil Corporation had entrusted LPG to the petitioner to reach it to the consignee for which the required permit was already provided and admittedly no allegation of contravention of any provision of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order has been made. In the said circumstances, the petitioner is legally and fully authorized to take LPG on his tanker and reach it to - 3 - the consignee. 5. Furthermore, LPG is highly combustible and hence it is dangerous to unload it from the petitioner’s tanker and keep it at some other place and furthermore, there is absolutely no justifiable reason for not releasing the said LPG along with the tanker, specially when the petitioner is ready to provide adequate security for the same. 6. In the aforesaid facts and circumstances, this writ petition is allowed and the impugned order dated 03.06.2011 passed in Supply Case No.103 of 2010 by the District Magistrate, East Champaran is quashed only to the extent where the said authority refused to release LPG to the petitioner. Accordingly the said authority is directed to release LPG also along with tanker subject to furnishing security paper bond worth value of LPG loaded on the tanker before the said authority in addition to the security fixed for the tanker. Harish (S.N.Hussain, J.)