Subhash Chandra Sharma,J. - (1.) Heard Shri Ravi Ratan Kumar Sinha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) This application u/s 482 Cr.P.C. has been filed by the applicant Rajesh Kumar Yadav with a prayer to set-aside the impugned order dated 25.08.2020 passed by Chief Judicial Magistrate, Chandauli on the release application in Case No. Nil of 2020 (Rajesh Kumar Yadav Vs. State of U.P.) arising out of Crime No. 68 of 2020, under Section 3/7 Essential Commodities Act, 1955, Police Station Alinagar, District Chandauli, whereby the application for release of seized vehicle has been rejected.
(3.) Factual Matrix of the case is as under. Applicant Rajesh Kumar Yadav moved an application for release of vehicle (tanker) bearing no. U.P.62 B.T.1335 alleging himself to be its registered owner. On 01.04.2020, Inspector Police Station Alinagar, District Chandauli reported that near Sareshar village Vijay Yadav r/o Domanpur, P.S. and District Bhadohi with three gallons each having capacity of 20 liters and one pipe to be used for extracting oil from the tanker, was found present and from the tanker theft of oil was attempted. All the upper lids of tanker were opened. Supply Inspector Rajeev Kumar along with his staff went to Police Station Alinagar and inspected the tanker, it was found that the tanker contained 20,000 (twenty thousand) liters diesel. Locks of all chambers were found opened, which was illegal. The tanker was registered in favour of Rajesh Kumar Yadav r/o Junwani Road, Bhilai Road, Chhattisgarh. Driver of the tanker was not present. Vijay Shankar Yadav stated that he was brother of owner of the tanker. The driver of tanker drove it from Indian Oil to Shiv Enterprises, Rae Bareli on 31.3.2020 at 3 O'clock, having 20,000 (twenty thousand) liters of diesel. He parked the tanker near Sareshar Village and went to his home. On 1.4.2020 in the morning, police saw the opened seal and made query with him, it was found that 20,000 (twenty thousand) liters diesel was being black-marketed by Vijay Shankar Yadav. As a result, tanker bearing no. U.P.62BT1335 containing 20,000 (twenty thousand) liters diesel and two empty gallons of twenty liters capacity and one other gallon filled with twenty liters diesel alongwith oil extracting pipe was seized and thereafter First Information Report under Section 3/7 Essential Commodities Act was lodged as Crime No. 68 of 2020, Police Station Alinagar, District Chandauli. ;