IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9655 of 2010 M/S Golden Chemicals Industries a proprietorship Firm having its place of business at A/230, P.C. Colony, Kankarbagh, Patna through its Proprietor Sri Prithvi Nath Prasad son of Late Harihar Prasad, resident of A/230, P.C. Colony, Kankarbagh, P.S. Kankarbagh, Town and District-Patna. ……Petitioner. Versus 1. The State of Bihar through the Principal Secretary-cum- Commissioner, Department of Food and Consumer Protection, Government of Bihar, Patna. 2. The District Magistrate-cum-Collector, Madhubani. 3. The Superintendent of Police, Madhubani. 4. The Block Supply Officer, Kaluahi, District Madhubani. 5. The Officer-in-Charge, Kaluahi Police Station,District- Madhubani. …..Respondents. ----------- For the petitioner : M/s. Gautam Kejriwal & Gopal Pd. Gupta, Advocates. For the respondents : Mr. Lakmesh Marvind, A.C. to S.C.20. ------ 03/ 26.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition is being finally heard and disposed at this stage at the instance of learned counsel for the parties. 2. This petition has been filed by the petitioner for a direction to the District Magistrate-cum-Collector, Madhubani for release of stock loaded in Tank Lorry bearing Registration No.BR- 1G-1595 seized by the Block Supply Officer, Kaluahi in connection with Kaluahi P.S.Case No.62 of 2009 registered for offences punishable under Section 7 of the Essential Commodities Act (hereinafter referred to as ‘the Act’ for the sake of brevity) and Sections 414 and 418 of the Indian Penal Code as well as relevant - 2 - provisions of Motor Spirit and High Speed Diesel (Regulation, Distribution and Prevention of Malpractice) Order, 1998. 3. Learned counsel for the respondents vehemently opposes the contentions of learned counsel for the petitioner stating that Confiscation Case No.189/ 2009-10 is going on before the District Magistrate, Madhubani and hence it is appropriate for the petitioner to move before the said authority for release of the chemicals loaded on the said tank lorry. He further relies upon Section 6-E of the Act which provides that whenever any commodity is seized in pursuance of any order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6-A, the Collector, or, as the case may be, the State Government concerned under section 6-C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal, or other authority shall not have jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance. He further submits that the petitioner could have moved before the appropriate authority under Section 6-C of the Act. 4. From the facts and circumstances of this case, it is quite apparent that vide order dated 17.05.2010, a bench of this - 3 - court disposed of CWJC no.8155 of 2010 filed by the owner of the tank lorry with a direction to the authority concerned to release the tank lorry to the petitioner of the said writ petition on proper identification on the terms and conditions and the satisfaction of the learned C.J.M. Madhubani. It is also stated that while ordering the release, he would direct keeping of sample of the fluid loaded thereon as also for safe custody of fluid contained in the tanker. It was also stated that the said order would be subject to criminal case and confiscation proceeding, if any, in relation thereto. 5. It is quite apparent from the invoice (Annexure-1) that the chemical loaded on the lorry is ‘EFFESOL’ which is volatile hydrocarbon and is a perishable item and hence if the tank lorry is released, the said chemical loaded on the tank lorry is bound to be affected adversely. It is quite apparent that earlier the owner of the tank lorry had filed CWJC No.12337 of 2009 which was disposed of by a bench of this Court on 08.10.2009 directing the petitioner to approach the Collector, Madhubani to release the tank lorry. The said matter was not considered by the Collector, therefore, the owner of the tank lorry was constrained to file another writ petition bearing CWJC No.8155 of 2010 which was disposed of on 17.05.2010 directing release of the tank lorry. 6. In the said circumstances, it is quite apparent that the authority concerned is not taking appropriate steps in this regard and are bent upon leaving the article, as they are, for being destroyed. Hence, it was necessary for the petitioner of this case to - 4 - approach this court for appropriate and urgent order so that the chemicals loaded on the tank lorry could be saved. 7. In the said circumstances, this writ petition is allowed and the District Magistrate, Madhubani is directed to release the stock loaded on the tank lorry bearing Registration No.BR-1G-1595 seized by the Block Supply Officer, Kaluahi in connection with Kaluahi P.S.Case No.62 of 2009 on the terms and conditions and the satisfaction of the C.J.M. Madhubani. The Collector may keep sample of the said fluid. However, this order will be subject to the criminal case and the confiscation proceeding with respect to the aforesaid case. Sunil (S. N. Hussain, J.)