LAWS(MPH)-2019-1-167

STATE OF M. P. Vs. DEHLAN SINGH

Decided On January 04, 2019
State Of M. P. Appellant
V/S
Dehlan Singh Respondents

JUDGEMENT

(1.) Petitioner/State has filed this revision petition under Sec. 397/401 of Crimial P.C. being aggrieved by judgment dated 13.08.2009 in Cr.A. No. 106/2009 passed by Sessions Judge Chhindwara.

(2.) Brief facts of the case are that on 24.01.2009 the Officers of Food and Civil Supply Department Chhindwara inspected vehicle No. C.P.J. 3339, Passenger Bus, was driven by respondent No. 3 and found that the said vehicle was being played by filling kerosene. Further sample of the fuel has been taken up by the Food Officer and found this fact proved. Kerosene is prohibited for using as a fuel in vehicle. On the basis of that, case under Sec. 3/7 of Essential Commodities Act has been registered against the respondent No. 3-driver as well as owner-respondent No. 1 and 2 of the vehicle. Concerning Authority has filed the case before the Collector Chhindwara for confiscation of the vehicle concerned. The authority has issued a show cause notice to the driver, owner and registered owner of the vehicle and after considering the submissions of the parties, the authority ordered to confiscation of the vehicle is concerned and also gave an option for deposit of Rs. 1,50,000.00 as the cost of the vehicle. Being aggrieved appeal has been preferred by the owner-respondent No.1 of the vehicle and vide judgment dated 13.08.2009, the learned Appellate Court has partly allowed the appeal and set aside the confiscation proceeding of the alleged vehicle and ordered to respondent No. 1 to deposit Rs. 10,000.00 to the concern authority for illegal use of controlled blue kerosene as a fuel.

(3.) The learned counsel for the petitioner/State submits that the learned Appellate Court erred in passing the judgment dated 13.08.2009. He submits that the alleged vehicle was being driven by respondent No. 3 and respondent No. 1 was the owner of the said vehicle whereas the vehicle was registered in the name of respondent No. 2. He further submits that the Food Supply Officer found that the said vehicle was being played by the respondent No. 3 under the instruction of respondent No. 1 by filling the kerosene as a fuel, which is prohibited to use as a fuel. Further the Food Supply Officer took the sample and it is found proved that the fuel was kerosene. Therefore, it is clearly shows that the respondents have violated the rules framed in this regard and committed the offence under Essential Commodity Act. He submits that the Collector Chhindwara has rightly passed the order of confiscation of the vehicle as the vehicle was being played by the controlled kerosene as a fuel. He also submits that the respondents are habitual to do the such type of act and previously the same bus was also seized for the same offence and penalty has also been imposed to the owner of the bus. He also submits that at the time of checking, staff of the vehicle admitted this fact that the vehicle was being played by filling the kerosene as a fuel.