ROSHAN TRILOKCHAND GOTHI Vs. KISAN WALZADE

JUDGEMENT

(1.) On the last date of hearing, we had heard at length the Advocate for the petitioners as well as learned APP at length. In fact, as the learned APP wanted to submit further submissions the matter was adjourned to this date. However, the learned APP states that he has no further submissions to make in the matter.

(2.) The present petitioners are seeking to quash CR.No. II-41/2004 registered at Sinnar Police Station, Nashik on various grounds.

(3.) The petitioners are the partners of the partnership firm namely M/s Shivambika Enterprises engaged in the business of distillation of Naptha and solvents used in the manufacture of petroleum products. The required licence for the purpose is obtained from the office of Collector, Nashik and they are duly registered with the State Sales Tax Department as well as Central Sales Tax Department and had been submitting their sales tax returns. They had also submitted the required End Use Certificate on a quarterly basis to the competent authority in relation of Naptha required by them. The said Naptha was being purchased by them from various dealers and importers and information in that regard was duly furnished to all the competent authorities. It is the case of the petitioners that in these circumstances, the FIR which has been registered under section 3 and 7 of the Essential Commodities Act is thoroughly unwarranted.