920-WP-218-2022 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 218 OF 2022 (Shri Vikas s/o Vijay Chopade Vs. State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. P.J. Mehta, Counsel for the petitioner. Mr. S.A. Ashirgade, A.P.P. for the respondents/State. ..... CORAM : ANIL L. PANSARE AND Y.G. KHOBRAGADE, JJ. OCTOBER 8, 2025 On 16/9/2025, following order was passed : “1. Heard. 2. The argument is that respondent Nos.1and 2 have seized vehicle i.e. Tata Ace (MH30 BD 2473) and 23 L.P.G. gas cylinders without any authority. They have further detained the truck and cylinders illegally. In this regard, our attention is invited to the communication dated 04.02.2022 made by Tahsildar Barshitakli, with M/s Sharma Gas Agency. 3. The sum and substance of the communication is that the Sarpanch of village Pimpalkhuta, Tq. Barshitakli, Dist. Akola lodged a report with Police Station Barshitakli saying that the gas is regularly distributed in the village through the vehicle mentioned above and it was noticed by the villagers that in the cylinders, there is water instead of gas. According to the Sarpanch, the supplier has cheated the villagers. The Police Station Barshitakli then seized the vehicle with cylinders and detained it with the Police Station. 4. It appears that latter on, only cylinders were deposited with M/s Sharma Gas Agency, but the vehicle was detained by police. 5. There is nothing on record to indicate that First Information Report has been lodged in the present case. When enquired, learned APP 2025:BHC-NAG:10422-DB 920-WP-218-2022 2 invited our attention to the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2020. The order is issued in exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955. Clause 13, deals with Power of entry, search and seizure. Sub Clause (I) of Clause 13 provides that any Officer of the Central or the State Government not below the rank of Inspector duly authorised by a general or a special order, by the Central Government or the State Government as the case may be or any officer of a Government Oil Company not below the rank of Sales Officer, authorized by the Central Government, may, with a view to securing due compliance of this Order or any other order made thereunder, seize stocks of liquefied petroleum gas along with container and/or equipments, such as cylinders, gas cylinder valves, etc. 6. In the present case, admittedly the police officer of Barshitakli Police Station was not authorized under the Order of 2020, by the State Government to seize the stock or vehicle. 7. Thus, apparently the seizure of cylinders and vehicle is illegal. The notices in the present case were issued on 06.04.2022. Till today, corrective measures have been not taken by the respondents. The vehicle and cylinders stand seized and lying idle for last three years. We are therefore, inclined to compensate the petitioner for the illegalities committed and continued by the respondents. We, however, would extend opportunity of hearing to the respondents before passing final order in this regard. 8. Learned APP shall submit list of officers of Police Station Barshitakli as also the Tahsil Office concerned who were supposed to take necessary action in this regard. Learned APP shall also take instructions whether the complaint lodged by Sarpanch has been acted upon by the Police. 9. List the petition on 24.09.2025.” 2] As noted above, the seizure of cylinders and vehicle is apparently illegal. The respondents failed to take corrective measures. The vehicle was seized and 920-WP-218-2022 3 lying idle for three years. Accordingly, we opined that the petitioner should be compensated. 3] In response, the learned A.P.P. submits that corrective measures are taken; the cylinders and vehicle are being returned back. The petitioner, however, has not approached respondent nos. 1 and 2 to take custody of same. 4] The learned Counsel for the petitioner submits that the petitioner was not keeping well, and will approach respondent nos. 1 and 2 within a week and take custody of cylinders and vehicle. 5] Thus, corrective measures have been now taken. 6] As regards compensation, the learned A.P.P. has pointed out that though, the petition was filed in the year 2022, the petitioner did not pursue the cause and, therefore, the petition was not listed for a long time. According to him, the petitioner is equally responsible for the delay and, therefore, compensation may not be granted. 7] In our view, considering the developments, ends of justice will meet if we permit the petitioner to file appropriate suit for compensation, if so desired. Order accordingly. In the meantime, the petitioner is at liberty to take back custody of cylinders and vehicle. 8] With above observations, the petition is disposed of. (JUDGE) (JUDGE) Sumit