ABDUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The 3rd accused in Crime No.184 of 2016 of Vadakkekara Police Station, is the petitioner in this petition. This petition is filed seeking to quash all further proceedings in the aforesaid crime.

(2.) The prosecution allegation is that on 8.2.2016 the petitioner and the other accused had transported 12,000/ liters of Kerosene meant for domestic use in a tanker lorry bearing Registration No KA 19 863. Previous information was received by the Sub Inspector of Police, Vadakkekkara Police Station as is evidenced by Annexure A FIR and it was the said officer who had seized the Kerosene which was being unlawfully transported. A sum of RS 2,30,000/- was also found in the possession of one Moideen who was in the lorry. A crime was duly registered under section 3 B of the Kerosene (Restriction on Use and Fixation of Ceiling Price) order, 1993 (hereinafter referred to as "the Order 1993" for brevity) and section 3 , 7 (1) (a) (i) of the Essential Commodities Act , 1955.

(3.) On the above allegation, Crime No.184 of 2016 of Vadakkekara Police Station was registered by the said officer for the offence punishable under sections 3, 7(i)(a), (i) of the Essential Commodities Act, 1955 and rule 3B of the the Order 1993.