CHANDRA REKHA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Shri Alok Tiwari, learned A.G.A. for respondent no. 1, 3 and 4 and has filed affidavit on their behalf which is taken on record. Learned A.G.A. has also filed a personal affidavit on behalf of respondent no. 2 informant of the case which is taken on record.

(2.) Learned counsel for the petitioner submits that the petitioner is the sole proprietor of M/s Glorious Khushi Enterprises and the Tanker vehicle No. UP70JT8187 is registered in the name of the said firm. It is alleged in the recovery memo that on a tip received by the informant, vehicle of the petitioner i.e. tanker bearing No. UP70 JT 8187 was intercepted and driver of the tanker namely Ramesh and Azhar Ali were apprehended. They confessed their crime and further alleged that co-accused Ankit Sahu, Vakil Ahmad, Mukesh, Avinash and Rahul Kumar Rawat were also involved in the illicit sale-purchase of ATF who were coming behind in a Creta Car bearing No. UP78 GW 1792. The Creta Car was also intercepted and all the accused persons were arrested. The accused confessed that they steal ATF from airport and sell it in the open market after filling it in tanker. On inspecting the tanker bearing No. UP70 JT 8187, it was found that 8500 liters of ATF was filled in it which is in contravention of Aviation Turbine Fuel (Regulation and Marketing) Order 2001 and is an offence under Essential Commodities Act 1955. The vehicles were taken into custody and the co-accused persons were also arrested.

(3.) Learned counsel for the petitioner further submits that the petitioner being the sole proprietor of the firm M/s Glorious Khushi Enterprises is the actual owner of the vehicle. Tax invoice of the vehicle and registration details of the tanker vehicle are on record. The petitioner purchased a tanker vehicle after getting it financed from SBI and is regularly paying the monthly installment. Bank statement of M/s Glorious Khushi Enterprises is on record. The vehicle is also ensured from New India Assurance Company on 2/3/2023 at the current value of Rs.25,20,000.00. The insurance papers of the vehicle are also on record.