IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.673 of 2010 JITENDRA KUMAR RAI, BASANT BIHAR COLONY, SARISMA ROAD, BETTIAH. VERSUS 1. THE STATE OF BIHAR & 2. THE BLOCK SUPPLYOFFICER, BETTIAH. ----------- 3 09.08.2010. Heard learned counsel for the parties. The petitioner has prayed for quashing of F.I.R. and seizure of 317 filled up LPOG cylinders of 14.2 kg. seized by Block Supply officer, Bettiah on 26.3.2010 giving rise to Bettiah Mufassil Police Station Case No. 96 of 2010 registered under section 7 of the EC Act and Sections 284 and 34 of the I.P.C. and for release of aforesaid seized cylinders. The petitioner submits that he being one of the partners of the Gas Agency in the name and style of M/s Pragya Gas Agency, Bettiah has not violated the provisions of LPG (Regulation of Supply & Distribution ) Order, 2000 and the allegation that his loaded truck with cylinders were illegally parked at a place for sale of same in black market is false as the alleged place is in front of his house, meant for Gas cylinder storage and at the time of alleged raid the in- charge of the godown was also present at the place of occurrence at the relevant time. Learned counsel for the State submits that petitioner stored Gas cylinders in residential area and not in 2 the authorized godown for selling it in the black market. In the facts and circumstances of the case, the petitioner is directed to file a petition for release of his seized LPG cylinders before the Chief Judicial Magistrate, Bettiah, who would release the same in favour of the petitioner on his furnishing adequate sureties to his satisfaction, ten percent of which would be in form of cash. Let this order passed in connection with Bettiah Mufassil Police Station Case No. 96 of 2010 be communicated to the Chief Judicial Magistrate, Bettiah through FAX at the cost of the petitioner. Shashi. ( Samarendra Pratap Singh, J.)