RAJEEV KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision u/s 397/401 Code of Criminal Procedure,1973 (hereinafter referred to for short 'Cr.P.C.') has been filed in order to quash the order dated 13.12.2011 passed by 4th Additional Sessions Judge, Tikamgarh in Sessions Trial No.244/2009 (State of M.P. v. Ashok Gurjar and another) by which learned trial Court has framed the charge u/ss 467,468, and 471 of IPC and u/s 3/7 of Essential Commodities Act, against the applicant.

(2.) In nut shell, the facts of the prosecution case are that on 6.6.2009 at 17.30 (5.30 p.m.) at Kitakhera Tigaila (Tiraha) about 3 K.M. away from Jatara towards Tikamgarh, Ashok driver co-accused was carrying a tanker bearing registration No.MH-18-M/7182 in which 20,000/- liter kerosine oil of 'blue' colour was found. The tanker was stopped by Ramesh Rajak, Brijesh Vyas, Roopesh Tiwari and Dinesh Mishra and they informed Virenera Bahadur Singh, Inspector the incharge Police Station Jatara , who came on the spot and inquired from Driver Ashok who informed that he was carrying kerosene from Kanpur to Manjusar, Baroda (Gujrat ) and builty, Voucher, bill and tanker have been seized from him. On inquiry it was found that the tanker was filled with kerosene from Lalit Oil Agency Jatara which was owned by applicant and applicant is a licence holder of controlled kerosene for government supply.

(3.) A Crime No.200/09 at 18.15 on 6.6.09 of PS Jatara was registered against driver of the tanker and also against the alleged Lalit Oil Agency Jatara. The matter was investigated by Virendra Bahadur Singh and sample of kerosene was sent for chemical examination. On inquiry from Kanpur it was revealed that no builty was made from Kanpur, so-many statements of witnesses were recorded who stated that the tanker was filled with kerosene from Lalit Oil Agency Jatara. Report of FSL shows that the kerosene was for government supply for distribution to public having specific 'blue' colour.