IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1012 of 2009 1. RAJU KUMAR SINGH S/O SRI RAJESHWAR PD. SINGH R/O VILL.- SIPARA, P.S.- BEUR, DISTT.- PATNA 2. BISMILLAH MIAN S/O ALLAUDDIN MIAN R/O VILL.- MADHOPUR, P.S.- BARAULI, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. MARKETING OFFICER RATIONING, PATNA ----------- 02 23.12.2009 The petitioner is the registered owner of a public career petroleum tanker no. BR-1G-7575, which is now a subject matter of seizure in respect of Agamkuan P.S. Case No.248 of 2009 dated 06.11.2009, instituted under Section-7 of the Essential Commodities Act read with Section 420 IPC. Petitioner no.2 is the person, who had purchased the said tanker. Having purchased the same is said to be the real owner. On the said date the tanker was loaded with 12000 liters of kerosene oil meant for public distribution system at Ghosi in the district of Jehanabad, was intercepted at Patna Bypass by the Marketing Officer, Patna Rationing on the ground that it was found at the wrong place and going in the wrong - 2 - direction without any valid documents and accordingly Agamkuan P.S. Case No.248 of 2009 was registered. Petitioners claim release of the tanker lorry, as it is operated as a tanker for the Indian Oil Corporation. They were owners and they are strictly not in a position to satisfy as to what it was doing there as the driver was also absconded. This much there that it was not delivered to any wrong person and it was still in transit. Petitioners further submit that no purpose would be served to detain the tanker in police custody. In view of the findings made above, I direct that the A.C.J.M., Patna City before whom the case is pending, would release the tanker to the petitioners on proper identification, after ensuring that the kerosene oil loaded thereon, is sold under the order and supervision of the Special Officer, Rationing, Patna and money thereof, is deposited in Government Treasury and - 3 - payable to the lawful claimant thereof, after proper enquiry. The release would be to the satisfaction of the learned A.C.J.M., Patna City and would be subject to the final result of the criminal case and confiscation proceeding if any initiated in respect thereof. With these observations and directions, the writ petition stands disposed of. Let a copy of this order be communicated to the learned A.C.J.M., Patna City, by FAX at the cost of the petitioner. Trivedi/ (Navaniti Prasad Singh, J.)