NAYAN TARA RAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution has been filed praying that the FIR lodged on 14-7-2000 at P.S. Sikanderpur which has been registered as case crime No. 206 of 2000 under S.3/7, E.C. Act against the petitioner be quashed.

(2.) SRI Sudama Singh Member of Legislative Assembly lodged an FIR on 14-7-2000 at P.S. Sikandarpur alleging that he went to the petrol pump of M/s. Deepak Automobiles to get diesel for his vehicle but Bhuneshwar Verma. manager of the pump said that the diesel had exhausted and declined to give the same to him. It is alleged that the first informant informed the concerned police station and some police personnel came and an inspection was done. On switching on the three pumps no diesel came out of the nozzel. However, on measuring the quantity of diesel in the underground tanks, it was found that there were 18 dips of diesel in the eastern tank and 5 dips of diesel in the western tank. In the sales room. 20 litres diesel was found in a white plastic can (balti). It is also mentioned in the FIR that a notice had been pasted on the petrol pump that there was no diesel but the same did not contain signature of any one. The further allegation is that no quantity of reserve diesel had been kept in the said petrol pump as such the rules had been violated.

(3.) THE allegation in the FIR is that the owner of the pump did not keep any reserve quantity of diesel and as such he committed an offence. On March 1, 1977 the State Government had issued Uttar Pradesh Petroleum Products (Maintenance of Supplies) Control Order, 1977 (hereinafter referred to as the Control Order). Clauses 2(a) and (c) thereof define 'dealer' and "retail outlet'. Clauses 1 and 3 of the Control Order, which are relevant for controversy in hand are being reproduced below :