Purna Chandra Borooah, J. - (1.) The petitioners in these two Rules, namely Udham Singh and Joginder Singh are registered owners of two Tanker lorries namely, WMK 4499 and TRL 1901 respectively. These two lorries together with their contents namely, Jute Batching Oil, were seized from a godown at Aiarnpur within Sankrail police station on the night of 15. 3.78. and in connection with these seizures Sankrail P.S. Case no. 15 dated 16.3.78 under section 7 of the Essential Commodities Act 1955 read with sections 407/120B/411 of the Indian Penal Code, corresponding to G R. Case No. 830 of 1978, was started against the two petitioners in the court of the Chief Judicial Magistrate, Howrah.
(2.) On 10. 5.78 the two petitioners in these Rules appeared before the learned Magistrate and prayed for return of the seized oil tanker to them." The learned Magistrate, after hearing the learned Advocates, passed an order for return of the two tankers to their respective registered owners upon their producing valid and legal documents of title and after executing a bond of Rs. 1, 50, 000/- each with an undertaking that they would not dispose of the tankers without the permission of the court or change the nature and character thereof and produce them on call.
(3.) On 26 5 78 both the petitioners furnished the bonds as directed by the order of the learned Magistrate dated 10.5 78 and after the bonds were accepted, the petitioners took back the seized tanker lorries.;