BABLU KUMAR DAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) With the help of this petition made, under Article 226 of the Constitution, the petitioner, who is a betal shop owner, seeks issuance of direction to the respondents to release six Domestic L.P.G. Cylinders and Consumer pass book/card and original documents, which, according to the petitioner, belonged to the petitioner and members of his family, but were seized, on 18.01.2013, in connection with Kishanganj Police Station Case No. 24 of 2013, under Section 7 of the Essential Commodities Act.

(2.) On 18.01.2013, Block Development Officer-cum-Block Supply Officer, Kishanganj, lodged a written report and, treating the same as First Information Report, Kishanganj Police Station Case No. 24 of 2013 came to be registered, under Section 7 of the Essential Commodities Act, not only against the petitioner but also against several other persons as accused. The case against them may, in brief, be described as under:

(3.) During the pendency of the investigation, an application was made, on 27.02.2013, in the Court of learned Chief Judicial Magistrate, Kishanganj, under Section 7 of the Essential Commodities Act, seeking release of LPG Cylinders, Consumer Book and Original Consumer Certificate issued by Hindustan Petroleum to the petitioner. The learned Sub-Divisional Judicial Magistrate, Kishanganj called for a report, by order, dated 29.04.2013, from the District Collector, Kishanganj, and the Station House Officer, Kishanganj, if any confiscation proceeding had been initiated or not. As the report has not been received and no order, as regards release of the seized articles has, yet, been made by the learned Sub-divisional Judicial Magistrate, the petitioner as aggrieved person has filed the present petition, under Article 226 of the Constitution, seeking directions as indicated above.