ORDER :

Subhash Chandra Sharma, J.

1. Heard Shri Ravi Ratan Kumar Sinha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. This application u/s. 482 Cr.P.C. has been filed by the applicant Rajesh Kumar Yadav with a prayer to set-aside the impugned order dated 25.08.2020 passed by Chief Judicial Magistrate, Chandauli on the release application in Case No. Nil of 2020 (Rajesh Kumar Yadav Vs. State of U.P.) arising out of Crime No. 68 of 2020, under Section 3/7 Essential Commodities Act, 1955, Police Station Alinagar, District Chandauli, whereby the application for release of seized vehicle has been rejected.

3. Factual Matrix of the case is as under.

Applicant Rajesh Kumar Yadav moved an application for release of vehicle (tanker) bearing no. U.P.62 B.T.1335 alleging himself to be its registered owner. On 01.04.2020, Inspector Police Station Alinagar, District Chandauli reported that near Sareshar village Vijay Yadav r/o Domanpur, P.S. & District Bhadohi with three gallons each having capacity of 20 liters and one pipe to be used for extracting oil from the tanker, was found present and from the tanker theft of oil was attempted. All the upper lids