NARAYAN PRASAD SULTANIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to release the tanker bearing Registration No. BR -12 - 3635 loaded with 12000 litres of diesel.

(2.) SHORT facts giving rise to the present application are that the petitioner runs petrol pump in the name and style of Super Highway Service at Begusarai bearing Licence No. 31/03. His further case is that he is the owner of a tanker bearing Registration No. BR -12 -3635. According to the petitioner, at the request of two dealers of Trivenigan], namely, M/s Raja Kishan Service Centre, Triveniganj and (2) Rajesh Kumar Agarwal, he lifted 6000 litres of diesel each for the aforesaid two dealers. While the tanker in question was passing through the territory of Jadia Police Station, same was seized by the Inspector of Police, Jadia Police Station on the ground that tanker having not taken the shortest route, same comes within the mischief of section 7 of the Essential Commodities Act.

(3.) MR . N.K. Agrawal, Senior Advocate, appearing on.behalf of the petitioner submits that as the tanker and diesel have been seized by an unauthorised person, the article seized deserve to be released. In support of his submission he has placed reliance on a Division Bench judgment of this Court in the case of Sri Narayan Prasad @ Sri Narayan Sao & five ors V/s. The State of Bihar & Ors. 1998 (2) PLJR 330.