DINESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule, made returnable forthwith and taken up for final hearing by consent of respective parties.

(2.) By means of this petition, the petitioner is seeking to quash the investigation, charge-sheet and proceedings in SCC No.17366/2006 pending on the file of learned Chief Judicial Magistrate, Nagpur.

(3.) Brief facts of the case filtering out unnecessary details, are as follows: on 22.10.2005, the Assistant Police Inspector Shri M. R. Thakre, along with his staff was patrolling in the area of Hingna Police Station, District: Nagpur. While patrolling in the area, they received information that at Sarda Petrol Pump, Khapri, a Tanker bearing Registration number MH-31 AP 0086 containing Naphtha liquid, is being adulterated with petrol. Upon receiving such information, with the help of local police and Panchas, Sarda Petrol Pump, came to be raided by the Police. They found that Tanker No. MH 31 AP 0086 was parked near underground tank and with the aid of people, Naphtha was being adulterated with petrol in the underground tank. The liquid Naphtha 7000 liters was contained in the tanker and, approximately 2000 liters from the underground tank valued at Rs.8,61,000/-, was seized. In the course of investigation, it was revealed that Naphtha liquid was brought by A-1 and A-2 from the factory of Ravindra Barai from Katol. Hence A-4 Ravindra Barai was also arrested. It was also revealed that A-2 Dinesh Sarda was in communication with A-4 Ravindra Barai, on telephone, for trading Naphta by means of tanker brought to the petrol pump for adulteration with petrol. Samples collected from tanker and underground tank were referred for Expert's opinion which indicated adulteration. After FIR No.3056 of 2005 was lodged at Hingna Police Station; Shri Sanjay Kumar Barkund, Deputy Superintendent of Police, Nagpur Division, Nagpur, investigated the matter and upon completion of investigation, submitted charge-sheet in the Court of learned JMFC Court No.10 Nagpur. Thus, the petitioner herein along with three other accused, were charge-sheeted for offences punishable under section 7 read with section 3 of the Essential Commodities Act, 1955 (for short. E. C. Act,1955.) read further with Sec.2 of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices ) Order, 1998 ( for short. Order,1998.)