RAJESH STRIPS LTD. Vs. H.L. SABBARBAL

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 2.4.93 passed by the Chief Judicial Magistrate, Raipur in unregistered Misc. Criminal Case party being H.L. Sabbarbal v. State of Madhya Pradesh, whereby he passed an order for release of the tanker containing furnace oil to the non -applicant No. 1, the owner of the transport company.

(2.) ON 15.3.93 a tanker of Non -applicant No. 1 proceeded with furnace oil from Vishakhapattanam to Modi Cement at Raipur, while the furnace oil was being delivered to the Modi Cement at Raipur it was found that the same was mixed with water. The matter was reported to the police who arrested the non -applicant No. 1 and he confessed that he had delivered the oil to the applicant and one Rituraj Industries but nothing was found in the Rituraj Industries, Raipur, but 11,000 litres oil and seized from the store of the applicant.

(3.) SHRI S.L. Kochar, learned counsel for the applicant, has contended that neither the Indian Oil Corporation nor the Modi Cement has claimed the seized furnace oil. Admittedly, furnace oil was seized from the possession of the applicant, therefore, one furnace oil should have been released to the applicant and not to the non -applicant No. 1, who being a mere transporter had no right over the seized furnace oil, therefore, the impugned order cannot be sustained.