IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6875 of 2008 SANJAY KUMAR & AMIT KUMAR Versus THE STATE OF BIHAR & ANR ----------- 3 19.9.2008 By two separate seizure lists, as contained in Annexures 2 and 2/1, several LPG cylinders of Indian Oil Corporation were seized from the alleged custody of the petitioners (Sanjay Kumar and Amit Kumar) respectively apart from some other small and big cylinders. Petitioners claim that as consumers of their areas were having difficulty in individually going to take delivery of Gas cylinders , petitioners agreed to collect empty gas cylinders from consumers and with their requisitions get refilled from the dealer, in question. They would take small service charge for extending this facility. This saves time to a large number of consumers and facilitates them. While empty cylinders, which most of them are as per seizure lists itself, were kept waiting transport to the dealer godown for exchange of refill , the premises were raided by the Block Supply Officer, Motipur and the cylinders seized as per two seizure lists aforesaid. Pursuant to the seizure an FIR was lodged and a report was sent to the Collector, District-Muzaffarpur for initiating proceedings under Section 6A of the Essential Commodities Act for confiscation. Mr. N.K.Agrawal, learned Senior counsel appearing in support of the application limits his prayer to release of the cylinders. He submits that admittedly except for the small 5 Kg. cylinders the rests are all Indian Oil Corporation. They are neither the property of the consumers, nor the property of the dealer , nor the property of the petitioners. If the cylinders are not released then all consumers to whom they are given by Indian Oil Corporation would suffer daily for no fault of them. He submits that even otherwise the 2 cylinders being of Indian Oil Corporation and the said Corporation having committed no fault, the cylinders are not liable to be confiscated. Be that as it may, considering the difficulty of common consumers and having heard the State, I direct that cylinders seized, as per two seizure lists, be released to the petitioners ( Sanjay Kumar and Amit Kumar) by the Subdivisional Judicial Magistrate, Muzaffarpur,West, before whom criminal case being Motipur P.S.Case no. 237 of 2007 is pending, subject to security as may be fixed by the said Court, which shall neither in the shape of Bank guarantee nor in cash. This would, however, be subject to the result of the criminal case and the confiscation proceeding, if any pending. Let a copy of this order be communicated to the learned Sub divisional Judicial Magistrate, Muzaffarpur ,West by FAX at the cost of the petitioners. This disposes of the writ petition. SINGH (Navaniti Prasad Singh , J.)