SURESH KUMAR DAGLE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE applicant has filed this petition for quashment of Crime no. 88/03, registered at Police Station-Lailunga and further proceeding on the basis of the aforesaid crime.

(2.) I have heard learned counsel for the parties and perused the pleadings and documents appended thereto.

(3.) LEARNED counsel for the applicant submits that one Sadhna Singh, Sub-Inspector, police Station-Lailunga has taken sample from petrol-pump of the applicant in connection with the offence punishable under section 3/7 of the Essential Commodities act, 1955 (hereinafter referred to as 'the Act, 1955') for violation of the Motor Spirit and high Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices)Order, 1998 (hereinafter referred to as 'the Order, 1998' ). Learned counsel further submits that police officer not below the rank of Deputy Superintendent of Police duly authorized by the Central Government or State Government is competent to take such sample in accordance with clause (4) of the Order, 1998. In this case, Sub-In-spector of the police has taken sample who was not competent, therefore, any investigation of the crime or prosecution on the basis of taking such sample by unauthorized officer would be illegal and of no use. Learned counsel further submits that Sub-Inspector of the police is not competent to take sample for investigation of the offence punishable under Section 420 of the Indian penal Code.