PANCHVATI AUTO CENTRE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Invoking the provisions of Section 482 of the Code of Criminal Procedure. 1973 ("Code" for short), the petitioners have, prima facie, sought quashing of Special Case No.22/96 pending before the learned Special Judge. Ahmedabad, but, in effect, challenged the order dated 25.4.1997 of the learned Special Judge below their application Exh. 5 for dropping the proceedings at the threshold.

(2.) The facts, as far as they are relevant, are that the petitioners were running a petrol pump which was inspected on 02.8.1995 in the evening by the complainant as an officer of Civil Supplies Department and, after finding the records and other requirements under The Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990 in order, samples of petrol were taken from each of the two tanks at the petitioners' premises. The samples were analysed on the spot for the purpose of verifying density and the samples were found in order with variation in the density within the prescribed limit of 0.0030. However, samples were drawn from the tanks and sent to Forensic Science Laboratory where sample from one of the tanks was found to have variation in the density to the extent of 0.0035. Only on the basis of such variation in the density beyond the permissible limit, the complaint in question was filed on 4.3.1996 in the Special Court under the Essential Commodities Act, 1955 and offences punishable under Sections 3 and 7 were alleged. The complaint came to be registered as Special Criminal Case No. 22/96 and upon the petitioners, accused persons, submitting the application Exh. 5, the impugned order was made rejecting it on the ground, inter alia, that, in light of the test report of the FSL, there was some basis for proceeding with the case.

(3.) Learned Senior Counsel Mr S.V. Raju submitted that the Government of India, in its Ministry of Petroleum and Chemicals, had issued The Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 wherein "adulteration was defined to mean introduction of any foreign substance into motor spirit/high speed diesel illegally/unauthorisedly with the result that the product does not conform to the requirements indicated in Schedule I. Schedule I prescribed that the density at 15 degree Celsius of motor spirit or high speed diesel at the receiving end (received by dealer) shall be within +/-0.0030 of the density at 15 degree celsius at the despatch depot of the Oil Company as indicated in the delivery document. It further stipulated in clause (2) of Schedule I that the density at 15 degree celsius in the dealer's tank, Retail Outlet pumps/retail point receptacle or any other point in Retail Outlet premises from where concerned sample was taken and tested should be within +/- 0.0030 of the recorded density after the last receipt at the retail outlet and/or the density taken in the morning following the last receipt. It was submitted that, not only that no introduction of any foreign substance was indicated even by the FSL report but the recorded density of last receipt at the Retail Outlet was not verified or mentioned in the complaint.