IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.31176 of 2008 ============================================= Arjun Barik @ Arjun Bari , S/o Late Biru Bari (Sah), Residentof Barik Chowk, P.S. Katihar (T), District- Katihar. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Parties. 6 13-07-2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner has filed this application against the order of discharge dated 22.05.2008. One of the issues raised on behalf of the petitioner is that the Inspector of police was not entitled to enter the premises and seize the gas cylinders. A counter affidavit has been filed in which it has been stated that in fact the allegation of theft has not been substantiated and the authority concerned did not have the power to seize the gas cylinders. It is also stated on behalf of the counsel for the petitioner that the gas cylinders were released in favour of owner of the gas cylinders. From perusal of the case diary, it would appear that the place of occurrence is the house of the petitioner where the gas cylinders were found. There is also no material in the case diary which indicates that the gas cylinders were placed in the premises, to be sold in black market. Merely because, the cylinders were found in the house of the petitioner which was kept for the purposes of utilizing it in the marriage ceremony which is apparent from paragraph-47 of the case diary, it cannot be said that the petitioner was committing violation of Section 7 of the Essential Commodities Act. Considering all these aspect of the mater the order dated 22.05.2008 passed by the Sub-divisional Judicial Magistrate, Katihar in G.R. No. 622 of 2007 arising out of Katihar(T) P.S. Case No. 186 of 2007 is quashed. This application is allowed. Md. Ibrarul/- ( Sheema Ali Khan, J)