SATNARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision under Sec. 397/401, Code of Criminal Procedure, praying that the orders of the courts below be set set aside and petrol and diesel oil belonging to the applicants be released in their favour.

(2.) It would appear that initially a case under Ss. 6, 7 and 11 of U. P. Sale of Motor Spirit and Diesel Oil Taxation Act, 1939, was registered. The diesel oil and petrol involved were taken into custody in that connection. Later, Sri P.K. Agrawal, Sub -Divisional Magistrate, Lalganj, lodged a report under Sec. 3/7 of the Essential Commodities Act, in pursuance of which a case under Sec. 3/7 of the Essential Commodities Act was also registered. After such a case was registered, the very Magistrate has passed the impugned order directing that the diesel and petrol, so recovered, be handed over to M/s. Radha Kishan Bimal Kumar, an authorised petroleum dealer, with instructions for sale thereof on control price.

(3.) The appeal against such order was also dismissed. The order was assailed on a number of grounds, but during arguments the main grounds urged are that while diesel and petrol both are essential commodities, as defined in the Essential Commodities Act, there is an order regulating the sale and storage of diesel alone and not of petrol, so under the Essential Commodities Act storing of petrol may not be an offence, even if it is an offence under any provision of law. it is, further, urged that the petrol and diesel were seized in a raid in another connection, namely, the raid concerned with Spirit and Diesel Oil Taxation Act, 1939, and not under the Essential Commodities Act. Thirdly, it is urged that the principles of natural justice have been defeated and there has been an abuse of the process of law, as the very Magistrate who lodged the report under Sec. 3/7 of the Essential Commodities Act and got a case registered has passed the impugned order. The applicants have been prejudiced on account of the same and the matter should have been heard and disposed of by some other Magistrate. It is note worthy that the order of the Magistrate does not indicate that any notice was given and the applicants were heard. While disposing of the appeal, the appellate court has observed that actually the applicants should appear before the Magistrate Sri P.K. Agrawal and take various pleas and any order of the disposal of the petrol and diesel on control price without forfeiture would not materially prejudice the applicants, when the direction is for sale on control price. It seems that the applicants did not appear before Sri P.K. Agrawal having an apprehension in their mind that they will not have a fair hearing before Sri P.K. Agrawal, when the case under the Essential Commodities Act itself was registered on his report for registering such a case.