M/s. Shivangi Fuels and Another vs The State of Bihar and Others

J.N. Singh, J.—The tanker of the petitioner bearing Reg. No. BR-09H-4735 was seized on way when the driver and khalasi were found taking out the diesel from the tanker. A case u/s 7 of the E.C. Act was registered. Learned counsel for the petitioner submits that the petitioner is proprietor of a petrol pump and the tanker belongs to him. He submits that petitioner was getting diesel transported from the outlet of the I.O.C. to one petrol pump under the valid authority of the Corporation. He submits that the case instituted now may take quite sometime in getting finally disposed of. In the meanwhile, if the tanker remains standing in open with diesel loaded, the same may gradually rust and its condition may deteriorate and it may become unfit for plying again and the diesel may evaporate or its quantity may deteriorate making it unfit for use. Learned counsel for the petitioner submits that the tanker loaded with diesel lying in the police station may also be a health hazard for the police personnel themselves. He places reliance on two orders of the Apex Court passed in the case of Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, and General Insurance Council and Others Vs. State of Andhra Pradesh and Others, and submits that this Court may direct the court concerned to exercise its powers under Sections 451 read with 457 of the Cr.P.C. and pass orders for release of the diesel and the tanker in the light of the guidelines laid down by the Apex Court in the said order.

After going through the said orders of the Apex Court, relied upon by learned counsel for the petitioner, learned counsel for the respondents submits that the same has to be followed by all courts of the Country in similar matters as the same is a law of the land.

This writ application is accordingly disposed of with liberty to the petitioner to file a formal application for release of the tanker and the diesel before the S.D.J.M., Begusarai/court concerned for exercise of his powers under Sections 451 read with 457 of the Cr.P.C. As and when such application is filed, the court concerned is directed to exercise its powers in the light of the guidelines laid down by the Apex Court in the said orders and pass orders for release of the diesel and the tanker with such reasonable terms and conditions as it may deem fit and proper preferably within two weeks from the date of filing of application by the petitioner, which shall be subject to the final result of the case. Let a copy of this order be sent to the court concerned through fax at the cost of the petitioner.