SANDEEP MANSINGRAO KONDEDESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the applicants -orig.accused and the learned APP for the State.

(2.) APPLICANT No.4 is the Manager of the Petrol Pump owned by applicant Nos.1 to 3. The applicants are seeking quashing of RCC No.0403305/2006 which is pending before the learned J.M.F.C. Court No.7 at Pune. It pertains to C.R.No.3012 of 2004 registered at Haveli police station, Dist.Pune. According to the prosecution, the case is under Sections 3, 7, 8 and 10 of the Essential Commodities Act, 1955 and Section 2(e) (vi), 284 and 3(8) of the Motor Spirit and Diesel Order.

(3.) THE facts of this case briefly is that, on 17.2.2004 the complainant Supply Officer visited the petrol pump belonging to the applicant Nos.1 to 3 at about 8:30 p.m. Along with the complainant, officers of Maharashtra State Flying Squad of Food and Civil Supplies were present. They made enquiry with the person who was present there, who introduced himself as the Manager i.e. applicant No.4 herein. The raiding party informed applicant No.4 that the raiding party wanted to inspect the said petrol pump, whereupon he gave his consent. The books of record of petrol pump were inspected by the raiding party. The members of Flying Squad from Weights and Measures Department checked and inspected the measures of the dispensing units. It is alleged that one of the diesel dispensing unit was showing short delivery by 20 to 30 ml for a 5-litre measure and one of the diesel dispensing unit was showing 10 to 15 ml excess and short erratic delivery for a 5-litre measure. Therefore a notice under Section 39(2) of the Weight and Measures Act, 1985 came to be issued to the applicants by the Weights and Measures Department. The said dispensing units came to be sealed. In these circumstances, the case came to be registered as C.R. No.3012 of 2004 at Haveli police station.