A.PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the third accused, in Crime No.1834 of 2013 of the Kilikolloor Police Station for the offences punishable under Rule 16 of the Kerala Kerosene Control Order, 1986 and Secs.3 and 7(i) (a)(ii) of Essential Commodities Act, apprehends arrest and has filed the application.

(2.) CASE is that on 02.11.2013 on information received, the police seized 160 litres of Kerosene from a furniture mart. According to the prosecution, the kerosene was removed from a ration shop nearby, unauthorisedly.

(3.) LEARNED counsel submits that the crime was registered on a Saturday without getting sufficient information as to wherefrom Kerosene was removed, there being about 5 ration shops nearby the place of occurrence. It is submitted that a mahazar was prepared on the next Monday where it is stated that difference in the quantity of Kerosene in the ration shop where the petitioner is the salesman was only 20.5 litres which is negligible even as per standard prescribed by the Civil Supplies Department. Hence the department did not take action against the licensee.