T. Vaiphei, J.

1. Aggrieved by the order dated 15-5-2013 passed by the learned Sub-Divisional Judicial Magistrate (M), North Salmara, Abhayapuri in Abhayapuri P.S. Case No. 114 of 2012 U/s. 7, Essential Commodities Act, 1955 rejecting their application for releasing the seized LPG cylinders to their custody on Zimma, the petitioners are now preferring this revision. The case of the petitioners is that they are authorised/bonafide LPG consumers from M/s. Rani Indane, Abhayapuri, which is the authorised distributor of the Indian Oil Corporation Ltd. (IOC). The LPG connection Consumer numbers are shown hereunder against the names of the petitioners:

1. Names of Petitioners LPG connection numbers

LPG consumer No. R 4083

SV No. 11602050002522

Date 28-01-2010

2. Suresh Ray LPG consumer No. R 08453

SV No. 11602050001496

Date 10-9-2009

3. Manoranjan Ray Consumer No. R 4046

SV No. 892631.

4. Jahirul Hoque Consumer No. RE 264906

SV No. 11601980005146

5. Aloka Tahabildar Consumer No. R 10075

SV No. 11602050001153

2. According to the petitioners, a local boy, namely, Joynul Hoque was authorised to bring filled LPG cylinders from the said M/s. Rani Indane, Abhayapuri and carry the empty LPG cylinders from their respective residences to the said M/s. Rani Indane. However, on 10-5-2012, the S.D.O. (C), North Salmara Sub-Division lodged an ejahar with the Officer-in-Charge of Abhayapuri Police Station alleging that the said Joynul Hoque had been found unauthorisedly transporting eight filled and 4 empty domestic cylinders from Abhayapuri to Kabaitary in an APE Tempo bearing AS-17-B-0046 and that all these cylinders together with few blue books and cash memos recovered from the said Joynul Hoque were seized by Sri JC Deka, Inspector, F.C.S. & CA, Abhayapuri and were kept under the Zimma of M/s. Rani Indane by the Officer-in-charge of Abhayapuri PS as those items were highly inflammable. The Officer-in-Charge of Abhayapuri PS accordingly registered a regular case U/s. 7 of the Essential Commodities Act, 1955 ("the Act" for short) read with Clause 6 and 7 of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

3. It would appear that the petitioners subsequently filed a joint application before the learned Sub-Divisional Judicial Magistrate, North Salama for release of the seized LPG cylinders together with the consumer cards to their custody. The learned SDJM, North Salmara thereupon by the order dated 18-3-2013 called for the report from the I.O. of the case as to whether the seized items were "seized for further investigation of the case along with seizure list of the said articles, if any". In the order dated 10-4-2013 of the learned SDJM, it is seen that the report was submitted by the police on that day wherein it was stated that the seized items were not required for further investigation of the case and that five blue books appeared in the names of the petitioners. Notwithstanding his aforesaid observations, the learned SDJM passed the impugned order rejecting the application of the petitioners on the ground that the case is under Section 7 of the Act. The question which now falls for consideration in this revision is whether the learned Magistrate properly exercised his jurisdiction in rejecting the application of the petitioner for release of the seized items to their custody. It is interesting to note that the Abhayapuri Police Station in their report dated 10-4-2013 submitted to the learned Magistrate had stated that the petitioners were not involved in the case and that the seized blue books and LPG cylinders were not required for further investigation, and the same might be considered for giving Zimma to the petitioners.

4. From the impugned order, it becomes evident that the learned Magistrate was apparently of the view that if the case happened to be one registered under the Essential Commodities Act, 1955, a criminal court would not have the jurisdiction under Section 451/457, Cr.P.C. to rel