WP(C) 5491/2010 BEFORE THE HON’BLE MR JUSTICE ASOK POTSANGBAM Heard Mr SP Roy, learned senior counsel for the writ petitioner, Mr MK Choudhury , learned senior counsel for IOC and Ms VL Singh, learned GA, Assam. The case of the petitioner is that the TATA Truck bearing registration N o AS-01-S-6861 engaged for transportation and carriage of LPG cylinders under IOC was seized by the police in connection with Rangapara PS Case No 172/2009 un der section 7 of the Essential Commodities Act. When all efforts made by the petitioner to get the seized vehicle relea sed in his zimma before the District Collector as well as the learned CJM, Sonit pur, failed, the petitioner approached this Court by filing WP(C) No 4412/2009. This Court vide order dated 25.1.2010 directed the Deputy Commissioner, Sonitpur , to consider the case of the petitioner for zimma of the seized vehicle to the petitioner. Pursuant to the aforesaid order, the case of the petitioner was cons idered by the Deputy Commissioner / District Magistrate, Sonitpur and vide order dated 28.7.2010, the prayer of the petitioner for zimma of the vehicle was reje cted. Prior to approaching this Court in the aforesaid WP(C) No 4421/2009, the petitioner had approached the Court of the learned SDJM(S), Tezpur, praying for zimma of the seized vehicle and the LPG cylinders. Vide order dated 1.2.2010, t he learned SDJM(S), Tezpur, directed release of the LPG cylinders to the zimma o f IOC but declined to release the seized vehicle to the zimma of the petitioner. Thereafter petitioner approached the Court of the learned JM(FC), Tezpur by fi ling an application under section 457, CrPC, praying for release of the seized v ehicle as well as the LPG cylinders to the zimma of the petitioner. Vide order d ated 18.6.2010, the prayer of the petitioner was rejected by the learned JM(FC), Tezpur, apparently on the ground that the petitioner was directed by this Court to approach the Deputy Commissioner, Sonitpur, Tezpur. I have heard the learned counsel appearing for the parties. It is not di sputed at the Bar that the release of vehicle or article seized in connection wi th the investigation of a case, it is for the learned Judicial Magistrate having jurisdiction to consider such application for zimma of the seized vehicle. So f ar as the zimma of the seized LPG cylinders are concerned, I find from the recor ds that the same have been released to zimma of the IOC. Accordingly, the prayer for release of seized LPG cylinders to the petitioner is not maintainable. The learned counsel for the respondents have no objection if the petitio ner approaches the Judicial Magistrate for consideration of zimma of the seized vehicle to the petitioner. In this view of the matter, the petitioner is directed to approach the l earned CJM, Sonitpur, Tezpur, with an application under section 457, CrPC, prayi ng for zimma of the seized vehicle. Upon filing such an application, the learned CJM, Sonitpur, Tezpur, shall consider the prayer for zimma of the seized vehicl e to the petitioner and pass appropriate order, being guided by the settled prin ciples of law that in respect of seized vehicle, the same can be returned to the registered owner on execution of appropriate zimma bond. The learned CJM, Sonti pur, Tezpur shall also be guided by the fact that it will not be in the interest of anybody to keep the seized vehicle within the compound of Rangapara Police S tation exposing to sun and rain. With the aforesaid observations and directions, this writ petition stand s disposed.