DEEPAK SHANKAR PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission. The facts leading to filing of this Writ Petition may be summarized as under :

(2.) The petitioner is a Kerosene dealer holding necessary licence and running his business at Taloda. On 19 January 2008, when the Sub Divisional Officer, Taloda gave a surprise visit to his oil depot, he was allegedly found in possession of 13, 319 litre of kerosene unauthorizedly. After following necessary procedure, the FIR was lodged at the Police Station Taloda and the offence was registered as Crime No. 4/2008 for the offences punishable under Section 7 Read with Section 3 of the Essential Commodities Act, for committing breach of condition no.4 of the licence issued under the Maharashtra Kerosene Dealers Licensing Order 1966. The investigation was carried out and in due course of time the charge sheet was filed.

(3.) The petitioner then submitted application under Section 239 of the Code of Criminal Procedure, seeking discharge. The learned Magistrate by the order dated 16 May 2013, rejected the application. Aggrieved by such order the petitioner preferred Criminal Revision Application No. 30 of 2013 in the Court of learned Additional Sessions Judge, Shahada. By the order dated 15.07.2017, the learned Additional Sessions Judge, dismissed the revision. Hence this Writ Petition.