POONAM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) Through this writ application, the petitioner, who is a dealer under Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order (hereinafter referred to as the "LPG Order"), seeks unsealing of her business premises as it is urged that the sealing of the same is an action which is without jurisdiction and is in violation of the provisions of LPG Order.

(3.) The petitioner claims to be a dealer under the aforesaid LPG Order. Her premise was searched by a team comprising of Assistant District Supply Officer, Lakhisarai and Block Supply Officer, Halsi etc. along with Block Supply Officer, Suryagarha and several articles were seized for which a seizure list was also prepared and the godown, i.e., the business premises of the petitioner also stands sealed by the authorities concerned as it is clearly stated in the FIR that the Gas godown has been sealed and the police was requested to ensure its protection and safety. The petitioner moved before the Sub-Divisional Judicial Magistrate, Lakhisarai for removing the seal from the godown. Such application was rejected vide Annexure-2 against which the petitioner filed Cr. Revision No.02/2016 before the Sessions Judge, Lakhisarai who had remitted back the matter to the Sub-Divisional Judicial Magistrate, Lakhisarai to ensure whether any confiscation proceeding has been started or not and then for taking a decision. If he is satisfied that no confiscation proceeding has been started then he would be required to pass order for removal of the seal from the godown on such terms and conditions as would be deemed fit and proper. Thereafter, the Sub-Divisional Judicial Magistrate, Lakhisarai again rejected the application of the petitioner finding that Confiscation Case No. 64/2015-16 has already been initiated and, therefore, such order of removal of seal cannot be passed. The petitioner has approached this Court for removal of seal from the godown.