IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3035 of 2010 1. ANUNAY SINHA S/O LATE BIRENDRA KUMAR SINHA R/O JAIPUR HOUSE,MARIPUR,P.S.KAJI MOHAMMADPUR,DISTT-MUZAFFARPUR,PROPRIETOR OF M/S DAMODAR ENTERPRISES ,MUZAFFARPUR 2. MD. MUNSHI S/O LATE RAJAK MIAN R/O VILL SAMERIYA ,P.S. RIVIGANJ,DISTT-SARAN Versus 1. THE STATE OF BIHAR 2. THE IN-CHARGE MARKETING OFFICER TOWN,MUZAFFARPUR ----------- 2 23.3.2010 By this writ petition, petitioner no.1 seeks release of L.P.G. cylinders seized from his business premises and those seized from the vehicle of petitioner no.2 as well as petitioner no.2 seeks release of vehicle, in question. The seizure was effected on 2nd February, 2010 leading to Muzaffarpur Town P.S.Case no. 48 of 2010 instituted under Section 7 of the Essential Commodities Act and other Sections of Indian Penal Code. The vehicle, in question, is a TATA 409 Model Mini Truck bearing registration no. BR 04A- 7684. Learned counsel for the petitioners states that the seizure has been effected for alleged violation of the provisions of L.P.G. (Regulation of Supply & Distribution) Order, 2000. It is submitted that power to seize is contained in clause 13 ( c ) of the Order. It is further submitted that allegation is that the driver of the truck was found selling some cylinders at a price higher than the fixed price. It is on that allegation that all cylinders found there were seized and authority came to the business premises of petitioner no.1, who is a dealer in LPG and seized all cylinders found there. With reference to clause 13 (1) ( c) , it is submitted that 2 the authority to seize is limited to only those articles in respect of those, a contravention is alleged. Even if prosecution story is accepted there is no contravention alleged in respect of other cylinders other than six cylinders. Thus, seizure is invalidated. This order does not authorize seizure of any vehicle. Be that as it may, in the facts and circumstances, I direct learned S.D.J.M. (East), Muzaffarpur, before whom the aforesaid case is pending to release all cylinders , in question, to petitioner no.1 and vehicle, in question, to petitioner no.2, subject to security to his satisfaction and subject to final result of the criminal case and confiscation proceeding, if any, on proper verification and proper inventory. This disposes of the writ petition. Let a copy of this order be sent to learned Sub-divisional Judicial Magistrate ,(East ), Muzaffarpur by FAX at the cost of the petitioners. Singh (Navaniti Prasad Singh, J.)