AMITAVA ROY CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision is praying for quashing of G.R. No. 2099/2018 arising out of Barasat P.S. Case No. 436/18 dtd. 19/6/2018 U/s-7(1)(a)(ii) Essential Commodities Act, 1955 pending before the Learned First Judicial Magistrate at Barasat, on basis of written complaint made by one Ankit Mukherjee, son of Madan Mukherjee. The said Barasat P.S. Case No. 436/18 dtd. 19/6/2018 was started against the petitioner on 19/6/2018. The complainant purchased petrol for his motor cycle from Rathtala Service Station, Petrol Pump, on Jessore Road under Police Station Barasat. After such purchase of the petrol he found that his motor cycle was disturbing and stopped functioning. He then went to the said petrol pump and found that many people had gathered there with their motor cycle complaining that the petrol pump authority might have supplied petrol mixed with other chemicals.

(2.) The petitioner a relative of one of the partners of the petrol pump who was present at the relevant time was arrested by the police and taken into custody, though the petitioner is neither owner of the petrol pump nor an employee thereof nor connected with the said business in any way.

(3.) On investigation it revealed that while supplying product from tanker truck No. WB73D3571 on 19/6/2018 it unloaded 4 KL diesel in petrol tank of the concerned petrol pump by mistake therefore the allegation against the petitioner or anybody else in this regard is baseless. It further revealed from the said report that the petitioner is only a relative of one of the partners of the petrol pump and was present at the relevant time in the petrol pump having no nexus with retail selling and/or business of the said petrol pump.