ANAND Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition to quash the complaint in C.C. No.242 of 2017 filed against the petitioners for offences under Sec. 17 of the Tamil Nadu Kerosene (Regulation of Trade) Order 1973 r/w Sec. 7(1) a (ii) of the Essential Commodities Act, 1955.

(2.) On 10/09/2016, the petitioners were found in possession of 600 litres of kerosene worth Rs.9,000.00 transporting in 3 barrels each 200 litres in the Bolero Pickup Van bearing registration number KA 08 4491. According to the Respondent Police, the said kerosene is meant for public distribution and these petitioners had purchased it from the cardholders for less price and transporting it with an intention to sell it in the black market for higher price.

(3.) The petitioners admit the guilt. However the prosecution is challenged on the ground that the respondent police cannot prosecute for the said offence since for the very same offence, the DRO had conducted enquiry and levied fine of Rs.8520.00 for the first petitioner and in lieu of confiscation of the vehicle, fine of Rs.80,000.00 levied on the second petitioner. Both the petitioners have paid the fine levied. Therefore, for the very same offence, they cannot be again prosecuted.