RAMESHBHAI DHAMABHAI JARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail In connection with the FIR being C.R.No.11993007211402 of 2021 registered with Gandhidham 'B' Division Police Station, District Kutch (East) - Gandhidham for the offences under Ss. 278 and 285 of the Indian Penal Code 1860 (IPC) and Ss. 3, 7 and 11 of the Essential Commodities Act, 1955.

(3.) It is alleged in the impugned F.I.R. that on 7/7/2021, Head Constable - Narsibhai Kanabhai along with other officers were on patrolling in Gandhidham area and at around 00:10 hrs, they received an information that at Padana, behind Panchratna Market at Survey No.131, bearing Plot No.7, one Rameshbhai Dhanabhai Jaru-applicant is filling his tanker bearing registration No.GJ-12-Y-8871 with suspicious petroleum product by fitting a nosal pipe to the electric motor. When the officers went for raid, the applicant was found filling his tanker through a nosal electric tanker. Upon finding the same, the officers seized the tanker along with the contents therein and sent it to the Mamlatdar being the appropriate authority for further examination. The seized muddamal consisted the tanker of approximately Rs.7,00,000.00, Nosal meter and electric tanker valued at around Rs.10,000.00 and alleged 8000 liters of bio-diesel, which was valued at Rs.5,20,000.00.