RAJJU @ RAJENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C., being aggrieved by the order dated 10.07.2018 passed by the Court of CJM Umaria in Cr. Case No.423/2018 whereby, the learned trial Court dismissed the application filed by the petitioner for taking the seized diesel fuel on temporary custody to the applicant. The applicant filed criminal revision against the order of the Court of CJM dated 10.07.2018 registered as Cr.R No.32/2018 disposed of by the impugned dated 08.08.2018 affirmed the order of trial Court and dismissed the revision.

(2.) Facts giving rise to this petition in short are that, the applicant was having 2500 liters Diesel fuel filled in nine drums and plastic container and not having any authority or permission or licence for storing the diesel fuel. Police after receiving the information, searched the premises of the petitioner and seized the diesel and registered a Crime No.199/2018 under Section 25 -B and under Section 3/7 of Essential Commodities Act. After investigation charge-sheet came to be filed before the Court of CJM Umaria. During trial, applicant filed an application under Section 451 read with Section 457 of the Cr.P.C, for taking the temporary custody of the seized diesel. The learned Court of CJM vide order dated 10.07.2018 rejected the application. Thereafter, the applicant filed revision, the same was dismissed by the impugned order dated 08.08.2018.

(3.) The applicant has filed this petition under Section 482 of Cr.P.C. for invoking the inherent power on the ground that the applicant is a businessman having stone crusher, truck, loader, mixer machine, JCB machine and other vehicles and the diesel is used as fuel in the machine. Since the petrol pump is 30 kms away from the business site of the petitioner, he purchased the diesel and stored it in different container and not doing any sale of diesel or used the diesel for other purpose and pray to set aside the order of both the Courts and grant temporary custody of the diesel to the applicant, during the pendency of the trial.