ATUL PATWAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-1
HIGH COURT OF UTTARAKHAND
Decided on April 06,2013

Atul Patwal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

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 application.
(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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