IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.738 OF 2009 BIRENDRA KUMAR, SON OF LATE RAMJI PASWAN, PROPRIETOR OF M/S. YUVRAJ FILLING STATION, LITIYAHI, POLICE STATION PIPRA, DISTRICT SUPAUL…………………………………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. SUPERINTENDENT OF POLICE, SUPAUL 3. OFFICER-IN-CHARGE, PIPRA P.S., DISTRICT SUPAUL 4. BHARAT PETROLEUM CORPORATION LTD. THROUGH ITS GENERAL MANAGER, PATNA …….RESPONDENTS ----------- For the Petitioner: Mr. K.P.Singh, Sr. Advocate with M/s Sandeep Kumar & Neeraj Kumar, Advocates For the State : Mr. Subhas Pd. Singh, Govt. Advocate No.8 with Mrs. Mirmala Kumari, A.C. to G.A. No.8 For the BPCL : Mr. Madhuresh Prasad, Advocate *** 8. 15.02.2010 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the Bharat Petroleum Corporation Limited. Petitioner has filed this writ application for a direction to the respondents to remove the seal put on the locks of the office, fuel tanks, fuel measurement meter etc. of the petrol pump of the petitioner with the name and style of “M/s Yuvraj Filling Station” situated at Litiyahi, Police Station Pipra in the district of Supaul. - 2 - As per the first information report, petrol pump in question of the petitioner was raided on the confidential information that high speed diesel being sold through outlets were being adulterated with kerosene oil. Samples of diesel were collected from the petrol pump and the petrol pump was put under seal and lock. At the time of search and seizure, a tanker was also standing on the petrol pump carrying kerosene oil on account of which it was suspected that the same was unloaded and mixed with kerosene oil for adulteration. Samples of high speed diesel were, later on, sent for testing to the Quality Control Laboratory of Bharat Petroleum Corporation Limited, the company of which petitioner’s petrol pump was a retail outlet. On the direction of this Court, a counter affidavit has been filed by the State authorities along with which the sample test report issued from the Barauni (Retail) Territory of the Bharat Petroleum Corporation Limited has been annexed as Annexure A series. The report dated 11.01.2010 has been addressed to the Superintendent of Police, Supaul and it - 3 - mentions that “As per the test result, the sample meets the specification of HSD.” In view of this report, learned senior counsel for the petitioner submits that the authorities have no legal justification for keeping the petrol pump of the petitioner under seal depriving him from running his business causing huge loss to him everyday. Learned counsel for the State submits that the matter is still under investigation and, therefore, it may not be proper for this Court to interfere with the investigation till it is complete and sample report is submitted. The submission of the learned counsel for the State is correct. However, in view of the sample test report available on record and addressed to the Superintendent of Police, Supaul, this Court is of the view that the petitioner should not be further deprived of running his business causing pecuniary loss to him on day- to-day basis. In the circumstances, this Court directs the police authorities of the district of Supaul to ensure that the seal put by the - 4 - police authorities on the premises of the petrol pump of the petitioner is removed within 48 hours from today and there is no interference in running petitioner’s business thereafter. The police shall proceed with the investigation and complete the same and submit a report to the court concerned for needful for which petitioner will co-operate at all point of time and in all manner. Learned Government Advocate No.8 , who appears in the case, assures this Court that he will communicate this order to the police authorities of the District through FAX/wireless today itself. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)