M/S. CHANDRASHEKHAR SINGH Vs. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE-CUM-COLLECTOR AND ORS.

JUDGEMENT

(1.) PETITIONER , a transporter, has filed this writ application for a direction to the respondents to release 18 KL (18000 litres) of high speed diesel in favour of the petitioner seized by the Block Supply Officer in connection of which Barauni (Zero Mile) P.S. Case No. 406/12 registered later on under Sections 413, 414 of the IPC and under Section 7 of the E.C. Act. Learned counsel for the petitioner has drawn the attention of this Court to Annexure -4 a voucher issued by the Indian Oil Corporation to submit that since the diesel could not be delivered at the destination, the Indian Oil Corporation has realized the market value of the diesel from the petitioner.

(2.) LEARNED counsel for the Corporation does not dispute that the market value of the diesel has already been deposited by the petitioner with the Corporation.

(3.) IT is not disputed that the case of the petitioner is identical to the said case.