JUDGMENT - S.B. MHASE, J.:---The State has challenged the order dated 7th November, 1996 passed by the learned Additional Sessions Judge, Akola, allowing Misc. Criminal Application No. 32 of 1996 preferred by the respondent under section 457 read with section 451 of the Criminal Procedure Code for getting the possession of 39 gas cylinders, which were seized by the police on 1st October, 1996 in Crime No. 290 of 1996 registered under sections 3 and 7 of the Essential Commodities Act. The applicant is a dealer of Handi Gas. However, those cylinders were not stored at a storage point to be fixed under the Liquified Petroleum Gas (Regulation and Supply and Distribution) Order, 1993 and thus there was violation of section 3, which is punishable under section 7 of the Essential Commodities Act. The trial is pending. However, pending trial, the above application was submitted and the Court allowed the said application.

2.The only question of law raised by Shri Wahane, learned Additional Public Prosecutor appearing for the applicant/State, is that the learned Additional Sessions Judge, Akola, should not have allowed the application under section 457 read with section 451 of the Criminal Pr

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