H.C. Mishra, J. : Heard learned counsel for the petitioner as also learned counsel for the State.

2. The petitioner is aggrieved by the order dated 25.04.2013 passed by the learned Chief Judicial Magistrate, Hazaribag, in Ramgarh P.S. Case No. 75 of 2013, whereby the application filed by the petitioner for release of three tankers bearing registration Nos. WB-03B-1732, JH-02T-7585 and JH-02T-7586, has been rejected by the Court below, on the basis of the report submitted by the Investigating Officer that all the three tankers were subject matter of confiscation and accordingly, they may not be released.

3. It appears from the impugned order that the Court below had sought information about the initiation of the confiscation proceeding, which was replied by the Investigating Officer stating that he had made proposal for confiscation of the tankers to the Deputy Commissioner, Ramgarh, vide memo No. 1010 of 2013 dated 5.4.2013. It also appears from the impugned order that the learned Additional Public Prosecutor had written to the Deputy Commissioner, Ramgarh, seeking information whether the confiscation proceeding had been initiated with respect to the seized tankers or not, but no reply was received by him. The Court below taking into consideration the report of the Investigating Officer that he had made the proposal for confiscation of the tankers, rejected the application filed by the petitioner for release of the tankers in question.

4. The aforementioned three tankers, which belonged to the petitioner, were seized by the police on 7.3.2013, when one tanker bearing registration No. WB-03B-1732, which was filled with 12,000 liters of diesel oil, at Hindustan Petroleum Depot, Ranchi Road, for being transported to C.C.L. Kedla, but the tanker was not taken to the destination, rather at a nearby place the diesel from the said tanker was being taken out with the help of a pipe, and being filled in another tanker bearing registration No. JH-02T-7586. Another tanker bearing registration No. JH-02T-7585 was there for the same purpose. The accused persons, including the petitioner were apprehended and they admitted that they used to take out the diesel from the tankers transporting diesel oil from the depot of the Hindustan Petroleum, and mix it with kerosene oil. Accordingly, the apprehended accused persons were arrested and the three tankers were also seized and Ramgarh P.S. Case No. 75 of 2013 was instituted for the offences under Sections 414, 420, 120-B of the Indian Penal Code, and Sections 7 / 8 of the Essential Commodities Act (herein after referred to as the ‘Act’). The petitioner being the owner of all the three tankers, filed application for release of the tankers in question which was rejected by the Court below by the impugned order dated 25.04.2013, which has been challenged in the present revision application.

5. A counter-affidavit has been filed by the State bringing on record the order contained in memo No. 249 dated 7.5.2013 passed by the Deputy Commissioner, Ramgarh, in Confiscation Case No. 13 of 2013, issuing notice to the petitioner under section 6-B of the Act to show-cause as to why the tanker No. WB-03B-1732 loaded with about 12,000 liters of diesel in it and tanker Nos. JH-02T-7585 and JH-02T-7586 be not confiscated. The said order has been brought on record as Annexure-“A” to the counter-affidavit.

6. Learned counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, in as much as, the Court below has not given any specific reason as to why the tankers in question be not released in favour of the petitioner, even though there was nothing on record before the Court below that the confiscation proceeding had actually been initiated. Learned counsel further submitted that even otherwise, from the order passed by the Deputy Commissioner, Ramgarh, as contained in Annexure-“A” to the counter-affidavit, it is apparent that only the notice under sectio