LAWS(MPH)-2002-7-119

AJIJ KHAN Vs. STATEV OF M P

Decided On July 17, 2002
AJIJ KHAN Appellant
V/S
Statev Of M P Respondents

JUDGEMENT

(1.) AFTER remaining unsuccessful in their Criminal Revision bearing No. 66/2002, which stood disposed of by Third Addl. Sessions Judge, Bhopal, on 29th Aprial, 2002, wherein, the petitioners challenged the order dated 4.12.2001, whereby, the learned CJ.M. Bhopal, explained the particulars of offences in criminal case No. 4709/2002, to theses petitioners for offences punishable u/s. 3 R/w. Sec. 7 of the Essential Commodities Act, hereinafter referred to as the Act, the petitioners seek exercise of inherent powers for quashment of proceeding in Cri. Case No. 4709/02

(2.) AS per prosecution, on 9th Feb. 2001, Crime No. 12/2001, stood registered against these petitioners at P.S. Sukhi Semaiya, Bhopal, for offences punishable U/s. 3 R/w. Section 7 of the Act, on these facts that on the same day, after obtaining the issue of 12,000 litres of diesel, valued at Rs. 2,24,301/ - from Indian Oil Depot, Nishatpura, Bhopal, which was loaded in Tanker No. M.P.04/K -2522, with an invoice in the name of Patel Auto Services, Sehore, this tanker with aforesaid loaded diesel, was seized on Bhopal -Vidisha Road in the area of Sukhi -Semaiya police station, which was being taken to Dholakhedi for being delivered at Dholakhedi Auto service Station, owned by one Brijesh Sharma.

(3.) IT is laid down by their Lordships of Supreme Court in the case of Malkiat Singh v. State of Punjab, (supra) that -