The main legal point established in the judgment is that the District Collector, under the Essential Commodities Act, has the authority to decide on the release or confiscation of seized essential commodities, and unless the District Collector makes a decision, the Judicial Magistrate does not have jurisdiction to direct the release of the seized commodity.

With the help of this petition made, under Article 226 of the Constitution, the petitioner, who is a betal shop owner, seeks issuance of direction to the respondents to release six Domestic L.P.G. Cylinders and Consumer pass book/card and original documents, which, according to the petitioner, belonged to the petitioner and members of his family, but were seized, on 18.01.2013, in connection with Kishanganj Police Station Case No. 24 of 2013, under Section 7 of the Essential Commodities Act.

2. On 18.01.2013, Block Development Officer-cum-Block Supply Officer, Kishanganj, lodged a written report and, treating the same as First Information Report, Kishanganj Police Station Case No. 24 of 2013 came to be registered, under Section 7 of the Essential Commodities Act, not only against the petitioner but also against several other persons as accused. The case against them may, in brief, be described as under:

(i) On 18.01.2013, at about 12 noon, on the direction of Sub Divisional Officer, Kishanganj, Block Development Officer-cum-Block Supply Officer, Kishanganj, along with Inspector of Police, other Police Officer and Armed police force, jointly conducted a checking and/or raid at different places near Kaltex Chowk to curb the black-marketing of domestic L.P.G. cylinders;

(ii) In the said process, on receipt of a secret information and, on verification thereof, that one Bablu Kumar Das (i.e., the petitioner herein), who owes a betal shop near Kaltex Chowk, is involved in black-marketing of domestic L.P.G. cylinders, the betal shop of Bablu Kumar Das was raided and 11 LPG passbooks, one original consumer paper and two filled 14.2 kg cylinders were found. On enquiry, the said Bablu Kumar Das allegedly told that some other LPG cylinders, relating to the other passbooks, are kept in his house at Teghariya. He also told that against the said passbooks/cards, he, in collusion with the agencies, namely, Taj Enterprises and Jagdamba, used to purchase filled domestic gas cylinders at a higher price and sell them in black market at a premium;

(iii) Thereafter, the raiding team seized the said all the 12 consumer cards issued in the names of different consumers, seven of Taj Enterprises and five of Jagdamba Gas Agency along with filled domestic gas cylinders and prepared a seizure list in this regard and proceeded, along with Bablu Kumar Das, to raid his house at Teghariya;

(iv) On raiding the house of Bablu Kumar Das, six domestic gas cylinders were recovered, which, too, were seized and a seizure list was prepared and Bablu Kumar Das was handed over to the police officer;

3. During the pendency of the investigation, an application was made, on 27.02.2013, in the Court of learned Chief Judicial Magistrate, Kishanganj, under Section 7 of the Essential Commodities Act, seeking release of LPG Cylinders, Consumer Book and Original Consumer Certificate issued by Hindustan Petroleum to the petitioner. The learned Sub-Divisional Judicial Magistrate, Kishanganj called for a report, by order, dated 29.04.2013, from the District Collector, Kishanganj, and the Station House Officer, Kishanganj, if any confiscation proceeding had been initiated or not. As the report has not been received and no order, as regards release of the seized articles has, yet, been made by the learned Sub-divisional Judicial Magistrate, the petitioner as aggrieved person has filed the present petition, under Article 226 of the Constitution, seeking directions as indicated above.

4. Heard Mr. Sajid Salim Khan, learned Counsel for the petitioner, and Mr. Anjani Kumar, learned Additional Advocate General No.6, assisted by Mr. Rabindra Kumar Priyadarshi, learned Standing Counsel No.32, appearing for the respondents.

5. It has been very passionately contended by Mr. Sajid Salim Khan, learned Counsel for the petitioner, that since the District Collector has not yet made any order initiating a proceeding for confiscation of the seized cylinders, the Judicial Magistrate out to be tre