IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7078 of 2011 MAHENDRA PRASAD, son of Late Badri Ram, village and PS Fatehpur, district Gaya - Petitioner. Versus THE STATE OF BIHAR . 3 9.5.2011 The petitioner claims that he is the owner of bearing registration No. BR 2K-9342 which was carrying 215 liters of blue kerosene oil. The driver of the tempo is one Pankaj Kumar who has been made accused along with the owner of tempo vide Fatehpur PS Case No. 212/2010 under section 7 of the Essential Commodities Act. Counsel for the petitioner submits that the tempo owner or for that matter the tempo driver were not aware that the person who had ordered that kerosene oil should be taken to a particular destination, was not duly armed with correct documents for carrying the said oil. It is, therefore, submitted that the tempo may be released to the petitioner, who is its owner to the satisfaction of the Chief Judicial Magistrate, Gaya. I accordingly direct the petitioner to file an application for release of the aforesaid tempo before the Chief Judicial Magistrate, Gaya, who will pass appropriate orders after verifying whether the tempo belongs to the petitioner on looking into the documents within a period of three months. This application is disposed of with the aforesaid observation. The petitioner is given liberty to deposit the cost of Fax for communicating this order to the court concerned. haque ( Sheema Ali Khan, J.)