JUDGMENT 1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 14.03.2022, passed by the learned Additional District Collector-III, Jodhpur (hereinafter referred to as "the competent authority") in E.C. Case No.9/2022, whereby he partly allowed petitioner's application filed under Section 457 of the Code of Criminal Procedure and while releasing vehicle of the petitioner on supurdagi has refused to hand-over the product loaded therein to the petitioner. 2. The facts relevant for the present purposes are that on 08.11.2021, the Inspector of Police Station Pipar City intercepted the vehicle - a Tanker bearing registration No.RJ-37-GA-2086, which was being driven by the petitioner-owner and driver of the vehicle. On being inquired about the relevant documents, the petitioner produced the e-way bill dated 03.11.2021 and tax invoice dated 03.11.2021 issued by Jetleaf Petro-Chem. 3. The police however seized the aforesaid vehicle, inter-alia, suspecting that it was a mixed/spurious diesel constituting offences under Sections 3 and 7 of the Essential Commodities Act, 1957. 4. The petitioner later, moved an application under Section 457 of the Code of Criminal Procedure on 15.12.2021 before the District Collector, Jodhpur for release of the Tanker and product loaded therein, which was transferred to the Additional District Collector-III (the competent authority). 5. The petitioner's application was opposed by the police authorities, inter-alia, contending that the tax invoice and e-way bill showed the loaded product quantity as 24,000/- litres, whereas factually only 16,000/- litres of liquid/petroleum product was found. 6. According to the police authorities, the product in question was spurious diesel and the same was meant to be used for mixing in the diesel. 7. Be that as it may. 8. Petitioner's application came to be partly allowed by the competent authority and the petitioner's vehicle - Tanker bearing registration No.RJ-37-GA-2086 was ordered to be released on Supurdaginama and furnishing surety/Bond of Rs.14 lacs. 9. While ordering the release of vehicle on supurdagi, the competent authority has directed the petitioner to unload the petroleum product (16,000/- litres) in some drums. 10. Mr. Moti Singh, learned counsel for the petitioner argued that the order passed by the competent authority is not only contrary to law but also impractical. 9. While ordering the release of vehicle on supurdagi, the competent authority has directed the petitioner to unload the petroleum product (16,000/- litres) in some drums. 10. Mr. Moti Singh, learned counsel for the petitioner argued that the order passed by the competent authority is not only contrary to law but also impractical. He argued that conclusion of investigation against the petitioner and the trial, if any, will take sufficiently long time and till such time petroleum product which is huge in quantity and worth Rs.20 lacs, if kept in drums, will pose threat to public life and property as it is highly flammable and its quality (viscosity) etc. will be deteriorated thus causing huge loss to the petitioner. 11. Dr. Ashok Kumar, Assistant Director, Forensic Science Laboratory, Jodhpur; Mr. Anil Panwar, District Supply Officer, Jodhpur, and the Investigating Officer, present in the Court, submit that the petroleum product which the petitioner was carrying is though not diesel but is likely to be used in mixing to adulterate the diesel. 12. The Investigating Officer as per the investigation so far done is not in a position to establish as to whether the petitioner has actually sold the petroleum product (8,000/- litres) for the purpose of mixing the same in diesel. 13. So far as chemical analysis of the product is concerned, the FSL report dated 30.03.2022, which has been produced on record indicates as under:- "The liquid sample contained in the packet marked A was found to be of petroleum hydrocarbon fractions of boiling point range from 273 degree C to 373 degree C. The relative density and flash point of the liquid sample was found to be 0.8563 at 15 degree C and 141 degree C (COC) respectively." 14. Learned District Supply Officer candidly submitted that the petroleum product in question is not diesel and its viscosity was found 5.9, whereas the viscosity of diesel ranges between 2 to 4.5. 15. Be that as it may. 16. In the opinion of this Court keeping the petroleum product in the custody of respondents would not only be dangerous but also violative of petitioner's rights. No fruitful purpose would be served in keeping the product till conclusion of the investigation/trial. 17. It has been informed by Investigating Officer and the DSO that the samples of the petroleum product have been taken. 18. The present misc. petition is, therefore, allowed. No fruitful purpose would be served in keeping the product till conclusion of the investigation/trial. 17. It has been informed by Investigating Officer and the DSO that the samples of the petroleum product have been taken. 18. The present misc. petition is, therefore, allowed. The order dated 14.03.2022, passed by the competent authority is set aside to the extent of handing-over the petroleum product to the Investigating Officer. 19. It is hereby ordered that the Investigating Officer shall release the tanker bearing registration No.RJ-37-GA-2086 along with the petroleum product loaded therein, subject to the condition that the petitioner furnishes a Superdaginama and bond in the sum of Rs.30 lacs, two sureties of Rs.30 lacs each. The petitioner shall not sell or create third party rights qua the vehicle. 20. The petitioner shall be free to sell the petroleum product in accordance with law. It will be required of the petitioner to furnish copies of the bills of the entire product (24000 litres) before the Investigating Officer within a period of 21 days of the vehicle and petroleum product being released. 21. Needless to observe that this Court has not recorded any finding about petitioner's guilt. The Investigating Officer and the District Supply Officer shall be free to proceed in accordance with law. 22. Stay petition also stands disposed of accordingly.