AMARJEETSINGH JEEVANSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application under section482 of the Code of Criminal Procedure the applicants seek to quash the FIR in Crime No. 3042/2003 of Police Station, Murtijapur and the Charge-sheet No. 62/2003 before Judicial Magistrate, First Class, Murtijapur.

(2.) Applicant No. 1 is the father of APPLICANT No.2. They are dealing in transport business in the name and style as "deep Roadlines". They owned Truck No. CG-04-ZC-6910 and CG-04-ZC-4610. Manoj Gulabrao Dongre and Ganesh Uttamrao Gawahane were the drivers on those trucks. On 22-4-2003 they were carrying goods by the said trucks. When the trucks reached within the jurisdiction of Police Station, Murtijapur, PSI Roy (Non-applicant No. 4) stopped the trucks and seized them by alleging that blue kerosene was being used as fuel for those trucks. Both the drivers were arrested and an offence punishable under section3/7 of the Essential Commodities Act was registered against the drivers as well as the owners (namely the applicants ). When the applicants learnt about the seizure of the trucks and arrest of their drivers they moved the concerned Magistrate for release of the trucks on their suprutnama, but the applications are rejected.

(3.) Shri. J. M. Gandhi, the learned counsel for the applicants, pointed out that the charge-sheet discloses that an offence under Section3 read with section7 of the Essential Commodities Act has been committed by the applicants. However, neither the charge-sheet nor the documents filed with it disclose as to which order was violated by the applicants so as to attract the provisions of Sections 3 and 7 of the Essential Commodities Act. In such situation, the charge-sheet is liable to be quashed. In support of this submission the learned counsel for the applicants relied on Kallol Kumar Mukherjee and Ors. Vs. State of West Bengal, 1995 CrLJ 654, wherein the charge-sheet was held to be liable to be quashed when neither in FIR nor in charge-sheet it is disclosed as to what order was violated so as to attract the provisions of the Essential Commodities Act.