BARAUNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, a transporter, has filed this writ application for a direction to the respondents to release 18 KL (18000 litres) of high speed diesel in favour of the petitioner seized by the Block Supply Officer in connection of which Barauni (Zero Mile) P.S. Case No. 406/12 registered later on under Sections 413, 414 of the IPC and under Section 7 of the E.C. Act. Learned counsel for the petitioner has drawn the attention of this Court to Annexure-4 a voucher issued by the Indian Oil Corporation to submit that since the diesel could not be delivered at the destination, the Indian Oil Corporation has realized the market value of the diesel from the petitioner.

(2.) Learned counsel for the Corporation does not dispute that the market value of the diesel has already been deposited by the petitioner with the Corporation.

(3.) In view of this Annexure-4, learned counsel for the petitioner submits that now the diesel virtually belongs to the petitioner. Hence, subject to final decision in the proceeding, the diesel, which is perishable item and may get lost, should be released in favour of the petitioner. He has drawn the attention of this Court to an order passed by a Bench of this Court in identical circumstances in CWJC No. 5967 of 2012 on 29.3.2012, a copy of which is annexed as Annexure-5.