(1.) This criminal original petition has been filed seeking quashment of the case in STC No.3879 of 2023 on the file of the Judicial Magistrate No.IV, Tirunelveli.
(2.) The case of the prosecution in brief:- The de-facto complainant along with his police team were on the routine patrol duty, on 15/05/2023 at about 08.30 am near Thatchanallur-Madurai main road. At that time, they found the vehicle bearing registration No.TN-96-B-2749. It was intercepted and found in possession of 900 Litres of diesel. No proper permission or licence as the case may be was available. On enquiry, the driver of the vehicle stated that the first accused namely Balamurugan is the quarry owner. At his instruction, diesel was purchased in bulk. On the basis of the above said occurrence, a case in Crime No.283 of 2023 was registered for the offences under Sec. 285 IPC and Sec. 23 of the Petroleum Act. After completing the investigation, final report was filed making the allegations against the accused persons and it was taken cognizance in STC No.3879 of 2023 by the Judicial Magistrate No.IV, Tiruelveli.
(3.) Seeking quashment of the same, A2 and A3 have filed this petition on the ground that the seized diesel falls under clause B of Petroleum Act; As per Sec. 7 of the Act, no permission is required for transporting and storying of clause B petroleum, if the total quantity does not exceed 2500 liters.