NASIMKHAN SIKANDARKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned APP for the non-applicants.

(2.) BY this application under section 482 of the Code of Criminal Procedure read with articles 226 and 227 of the Constitution of india, the applicants seek to quash and set aside fir No. 67 of 2000 of Police Station, Balapur, district - Akola as well as Criminal Case No. 6 of 2000 pending before Criminal Court at akola.

(3.) IT appears that applicant no. 1 is the owner of Truck No. MH-31-W-2655 and deals in transportation of the goods to various destinations. Applicant No. 2 is in the employment of applicant No. 1 as Truck Driver and applicant No. 3 in the employment of applicant no. l as cleaner. On 19th May, 2000 the said truck was stationed by the side of the road in front of Gurudwara near Paras Fata. It is alleged by the prosecution that applicant nos. 2 and 3 (the driver and cleaner of the truck) were filling blue kerosene in the diesel tank of the truck from a 35 litre can. Thus, applicant nos. 2 and 3 were misusing the kerosene supplied under the public distribution system. The truck and the can were seized by API Sawale of Police station, Balapur. Crime No. 67 of 2000 under section 3 read with section 7 of the Essential commodities Act, 1955 was registered at Police station, Balapur. After completion of investigation, charge-sheet was filed only against applicant nos. 2 and 3 before the Special judge at Akola.