ATUL PATWAL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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U.C.DHYANI, J. -
(1.) BY way of present application / petition,
moved under Section 482 of Cr.P.C., the applicant /
petitioner seeks to set aside the impugned order dated
25.07.2012, passed by learned Chief Judicial Magistrate, Haridwar in case crime no. 245 of 2012
under Section 3/7 of Essential Commodities Act and
order dated 14.01.2013, passed by learned Addl.
Sessions Judge, Roorkee, District Haridwar in Criminal
Revision No. 438 of 2012, captioned as Atul Patwal vs.
State. A further prayer has also been made requesting
the Court to pass appropriate orders for release of gas
cylinders of the applicant confiscated in case crime no.
245 of 2012 under Section 3/7 of Essential Commodities Act in favour of the applicant.
(2.) THE applicant moved an application for release of gas cylinders in his favour before the learned
Addl. Chief Judicial Magistrate, Haridwar. Said
application was rejected by the learned Magistrate on
the grounds, inter alia, that the applicant Atul Patwal
was the owner of the truck which was confiscated. Atul
Patwal was neither the owner of the gas cylinders nor
does he run the Gas Agency. A case under Section 3/7
of Essential Commodities Act was instituted against the
driver Rajendra Singh and three others.
A criminal revision was preferred against the said order, which was decided by learned Addl.
Sessions Judge, Roorkee, Haridwar on 14.01.2013. The
criminal revision was dismissed on the ground that the
learned Magistrate had no jurisdiction to hear the
(3.) LEARNED counsel for the applicant, in course of hearing of present petition / application, presented a
letter written on behalf of Indian Oil Corporation Ltd,
which was addressed to M/s Siddhbali Carriers, Patel
Marg, Kotdwar. Applicant, in para 3 of the present
petition, has indicated that he is a transporter having a
Firm under the name and style of M/s Siddhbali
Carriers. It was also said that the applicant has
deployed drivers for said work of transportation. Vide
said letter written on behalf of Indian Oil Corporation
Ltd., it requested M/s Siddhbali Carriers to get the
cylinders of Indian Oil Corporation Ltd. released from
the Court so that the same may be put to circulation. It
was also mentioned in the letter that the delivery of
cylinders to the respective Agency was the
responsibility of M/s Siddhbali Carriers and since M/s
Siddhbali Carriers could not deliver the cylinders to
Joshimath Gas Agency, therefore, the payment of the
transporter has been put on hold till the recovery of the
amount of the gas cylinders. Thus, it is clear that the
Indian Oil Corporation Ltd. has authorized M/s
Siddhbali Carriers to get the gas cylinders released.
Applicant Atul Patwal is the proprietor of the said Firm.;
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