IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.876 of 2007 BIRENDRA SAH Versus THE STATE OF BIHAR & ORS ----------- 3 1.9.2008 Heard the learned counsel for the parties. In the instant writ application the petitioner prays for a direction to the respondents no.2,3 and 4 for release of the seized kerosene oil contained in Annexure-2 to this application.The petitioner states that he is holding appropriate licence for dealing in purchase and sale of kerosene oil in the name of his proprietorship firm of M/S Pushpanjali Enterprises. In this respect the petitioner had been granted a valid certificate dated 18.10.2005 as contained in Annexure-1 series for dealing in imported kerosene oil. Learned counsel for the State submits that in course of supervision of the case it transpires that the petitioner is utilizing such a huge quantity of K. oil in his godown for the purpose of converting them into diesel and mobil for selling in black market. He further submits that the sample of such seized K.oil has already been sent to the Forensic Science Lab, Muzaffarpur for its test which is yet awaited. This Court for the present does not whish to enter into the merit or otherwise allegations made in the instant case being Patepur P.S. Case No.23/06 under sections 420,488 489 of I.P.C. and section 7 of E. C.Act. In view of the certificate (Annexure-1 series) granted conferring distributionship for sub dealing in purchase and sale of 2 K. oil this Court directs the respondent to release the seized materials in favour of the petitioner on taking adequate security as well as additional security of a sum of Rs.3500/-. The authority may keep a small quantity of the same for being used by way of sample if he feels that it can be so required in the proceeding of the case. With the aforesaid observations this writ application is allowed. Anilksinha (Samarendra Pratap Singh,J.)