GAUTAM R. BHURKER Vs. STATE OF U.P.

JUDGEMENT

(1.) Revisionist No. 1 is said to be the owner of Tanker No. GJU 4713 while revisionist no. 2 is said to be the driver thereof.

(2.) It appears that on 19.2.1995 at about 2.00 p.m. S.D.M. Chhata, Mathura raided the factory of one Chaklesh Jain and found there the Tanker in question loaded with 600 drums of black liquid. One local M.L.A. had informed the S.D.M. that the factory was indulging in black marketing of petroleum products on the basis of which the raid was organised. After the raid a case under Sec. 420 I.P.C. was registered. The Tanker along with the black liquid (Bitumin) was seized and given in the supurdagi of Khachera s/o Surjan. The factory was also sealed. The factory is said to have been released in favour of the owner vide order passed in Criminal Revision No. 367 of 1995. The revisionists are alleged to be mere carriers. They do not claim ownership of Bitumin. Its sample has already been taken.

(3.) The learned A.G.A. was given time on 9.3.95 to obtain instructions but no instructions have been obtained so far. The disposal of the case may take sufficient time and in the meantime the tanker may become unfit for use resulting in irreparable loss to the owner.