MOHAMMAD MASOOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH the first petition (Crl. P. 1782 of 2001) is filed under Section 439 of the Criminal Procedure Code, the second petition (Crl. P. 1768 of 2001) is under Section 438, Cr. P. C. , since both the petitions arise from Cr. No. 273/2001 of Sanjaynagar Police Station though against two different sets of accsued for the same offence, as the consideration would be almost the same and the arguments are common, the same are taken up together for consideration and are being disposed of by this common order.

(2.) AS per the investigation so far carried out leading to the allegations against the petitioners appears to be as follows : on 26-5-2001 at about 9. 30 p. m. on the information received that white petrol (an adulterant) is being unloaded at the petrol bunk of the petitioners in the first petition called as Foujdar Petrol Bunk in Sanjaynagar area, the Inspector of Police along with his staff rushed to the place and noticed unloading of petroleum product from a tanker/lorry to the underground storage tank. It is stated that on seeing the police staff some of the persons who were there ran away and on enquiry with the remaining persons including the petitioners in the first petition who are dealer/owner and Manager of the petrol bunk respectively had revealed that they were adding an adulterant (white petrol) to the fuel petrol. The driver of the tanker, Santhosh Singh, who has been apprehended is alleged to have revealed that he has brought in all 12,000 litres of white petrol from J. K. Petro-Chemical Industries in Maharashtra State on the instructions of one Shaffi and out of the 12,000 litres, a load of 8,000 litres has already been unloaded in another petrol bunk called Trinity Circle Petrol Bunk of which the petitioner in the second petition (Crl. P. 1768 of 2001) is the dealer/owner and while the remaining 4,000 litres were being unloaded in the Foujdar Petrol Bunk. They have been apprehended.

(3.) SINCE these cases are of adulteration of petrol coming under the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order (hereinafter called the Order) as well as under Sections 3 and 7 of the Essential Commodities Act (hereinafter called the EC Act) and Section 420 of the Indian Penal Code, the case in Cr. No. 273/2001 came to be registered suo motu and investigation has been taken up.