YUSUF MOHAMANDBHAI KHOTA 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.11184002220206 of 2022 registered with Chhota Udepur Police Station, District Chhota Udepur for the offences under Ss. 285 , 406 , 408 , 409 and 420 of the Indian Penal Code, 1860 ( IPC ) and Ss. 3 and 7 of the Essential Commodities Act.

(3.) It is the case of the prosecution that the F.I.R. is filed by K.D.Tadvi serving as Mamlatdar, Chhota Udepur on 18/2/2022 inter alia contending that on the basis of the notification dtd. 30/4/2019 of Ministry of Petroleum and Natural Gas, Government of India and oral instructions from District office of 31/7/2020, he along with other office went for surprise checking of bio-diesel at Pargya Petroleum, Ghelwant, which is owned by the applicant, where NOC of District Magistrate and NOC of R & B Department was not produced and sand bucket, pump and necessary fire equipment were not found and record of the accounts, receipt of sending monthly bills, stock register were also not found in the prescribed form. Due to the said defects 13,200 liters bio-diesel was seized and sample was collected, which was sent to District Supply Officer on 4/8/2020 and was sent to FSL, Gandhinagar. On 28/8/2020, the District Supply Officer instructed in writing to collect other sample since petroleum products are to be sent within 24 hours of seizure, which was lapsed therefore again sample was collected on 7/9/2020 and forwarded to the Supply Officer on 6/12/2020. Due to some technical error, the sample was not forwarded and after that DSO again instructed in writing on 8/1/2021 to collect the sample and again on 8/6/2021, in the presence of the applicant's brother, the sample was collected and sent to the Supply Officer. On 7/8/2021, the Collector Office instructed to file complaint since collected sample, which was sent to the FSL, was not upto the standard.