VANRAJSINH PRUTHVISINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These applications have been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R. No. I - 02 of 2021 registered with CID Crime, Vadodara Zone Police Station, Vadodara Zone for offences punishable under sections 379 , 447 , 285 , 120B and 114 of IPC, sections 3 and 7 of the Damage to Public Property Act and Sections 15(1) , 15(4) and 16(a) of the Petroleum and Minerals Pipelines Act.

(2.) Learned advocates on record appearing for the applicants submitted that the main allegation against the applicants is of committing theft of crude oil from the main GGS pipeline belonging to the ONGC. A Tata tanker bearing registration No. MH-46-AF-6617 was intercepted and about 20,000 litres of crude oil was found in the tanker. Reliance was placed on the communication of the investigating officer, CID-Crime, Gandhinagar addressed to the DGM / In-charge Security, ONGC, Ankleshwar Asset, Ankleshwar, Bharuch wherein, few queries were raised as regards pilferage of crude oil. It is submitted on behalf of the applicants that the ONGC could not notice any reduction in the quantity of crude oil to conclude that any theft of crude oil has taken place. Even the communication of the DGM (P), IM-GGS Dabka / EPT Matar#11 addressed to the IC-Security, ONGC, Ankleshwar Asset is relied upon by the learned advocates to point out that ONGC has not reported about any pilferage of crude oil. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP Mr. J. K. Shah relied on the FSL report and the said communication of DGM (P), IM-GGS Dabka / EPT Matar#11, to submit that it would be difficult for the ONGC to detect pilferage of crude oil; however, the FSL report has confirmed about such theft and it was, therefore, prayed that no discretion may be exercised in favour of the applicants.