SAROJ GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) -Through this petition under Article 226 of the Constitution read with Section 482, Cr .P.C. the petitioner seeks quashing of FIR No. 90 dated 16.4.2002 registered against the petitioner under Sections 7 of the Essential Commodities Act, 1955 at P.S. Dilshad Garden. The petitioner is a dealer in motor spirit and high speed diesel and carries her business under the name and style M/s City Auto, Jhilmil Industrial Area, G.T. Road, Shahdara, Delhi. On 26.2.2002 an Assistant Commissioner, Food and Supplies Department of Govt. of NCT of Delhi had drawn two samples of motor spirit from the two tanks of the said outlet. The samples were sent for testing at the Fuel Testing Laboratory, Noida. The report received from the said Laboratory opined that the samples were not conforming to the specifications prescribed for Motor Gasoline inasmuch as the content of Benzene % Volume was excessive by 0.1% in one sample and 0.3% in the other sample and, accordingly, it was alleged that the petitioner had violated the Control Order No. 0034/PA/ AOI/TPT/2000/ 1518 dated 14.8.2000, which in turn made her liable for the offence under Section 7 of the Essential Commodities Act.

(2.) After being noticed, the parties i.e. Union of India, the Investigating Agency as also the manufacturer and supplier IBP were called upon to file their response which have been filed in the shape of a status report dated 10.9.2002 by Ms. Salma Khan, Inspector, Food & Civil Supplies and a counter affidavit of Mr. S.L. Vashisht, working as a Deputy Secretary, Ministry of Petroleum and Natural Gas, Govt. of India. Parties have also filed certain documents on record including the orders passed by the Supreme Court in that connection.

(3.) I have heard Mr. Sanjay Bansal, learned Counsel representing the petitioner Mr. Kailash Gambhir, learned Counsel representing the Union of India, Ms. Mukta Gupta, learned standing Counsel and Ms. Mala Narayan, learned Counsel for the IBP, and have bestowed my thoughtful consideration to their respective submissions.