VINOD KUMAR SANGHAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been preferred against the order dated 8-2-1995 passed by the Sessions Judge of Vidisha, proceeding to frame charge against the petitioner u/S. 3/7 of the Essential Commodities Act, and for the breach of clause 10 of the Madhya Pradesh Motor Spirit and High Speed Diesel Oil (Regulation and Control) Order, 1980.

(2.) The allegation against the petitioner was that the petitioner owns a petrol pump at Sehora. The Inspector concerned had taken three samples of the high speed Diesel from the said petrol pump on 13-7-92. Two samples were sent to the Public Analyst for Chemical examination and they were reported to have been found not up to the standard prescribed in the Control Order referred above. Further a breach of S. 3 read with S. 7 of the Essential Commodities Act was also found.

(3.) When the case proceeded, the petitioner applied to the Court that the third sample available in the Court be sent for chemical examination by a Public Analyst. The said sample was sent to the Public Analyst and in its analysis the public analyst did not find any substandard material, rather it was found to have been up to the prescribed standard.