SUDHIR UIKEY Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition against the order dated 02.04.2012 (Annexure -A -2) passed in Sessions Trial No.38/2011. The Court partly allowed the application of the petitioner filed under Section 239 of Cr.P.C.

(2.) On 03.02.2012 at around 10 O'clock in the night, petrol pump of the petitioner named as Sweta Petrol Pump Nainpur District Mandla was inspected. It was found that in the premises of the petrol pump, a tanker bearing registration No. MP.22 -B -0879 was parked and blue kerosene was being loaded in the tanker and through a pipe. Kerosene was being decanted in the underground storage of diesel tank, 16036 liters of diesel was stored in underground storage tanker and in another tanker 9,000 liters diesel was kept. After verification it was found that the dealer had total quantity of 25,036 liters of diesel and as per stock register, the total quantity of diesel would have been 24,340.01 liters hence, 695.09 liters diesel was found in excess. The samples of kerosene and diesel were taken. Pipe which was being used for decanting the kerosene was seized and analysis samples of diesel and kerosene were sent for chemical analysis. It was found in the that there was no adulteration in the diesel. The trial Court held that no charge could be framed against the petitioner for commission of offence under M.P. Motor Spirit and High Speed Diesel Oil (Licensing and Control) Order, 1980 condition No.4, 5 6 (1) (10) and Kerosene (Restriction on Use and Fixation of Ceiling price Order 1993. The trial Court acquitted the petitioner from the aforesaid charge. However, the trial Court has held that it was found that the kerosene was being decanted in the tanker of High Speed Diesel hence, the petitioner is liable to be prosecuted for commission of offence punishable under Sections 3/7 and 8 of the Essential Commodities Act 1955.

(3.) Learned counsel for the petitioner has contended that there is no evidence to prosecute the petitioner for commission of offence punishable under Sections 3/7 and 8 of the Essential Commodities Act 1955 because in chemical analysis it was found that there was no adulteration of diesel.