DINANATH SAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsels Mr. D. Das, Mr. B.K. Mahajan and Mr. P.D. Nair, appearing for the petitioners. Also heard Mr. H. Sarma, learned Addl. P.P. for the State of Assam.

(2.) The petitioners, namely, Shri Dinanath Sah, Srikant Prasad Jaiswal and Pintu Sah have prayed for pre-arrest bail apprehending arrest in connection with CID P.S. Case No. 12/2020 under Section 120(B)/379/411/285 IPC R/W Section 23 of the Petroleum Act and Section 7 of the Essential Commodities Act (GR No. 6309/2020). 2. One Inspector of CID has lodged the FIR in this case. It is alleged that some unscrupulous employees of Indian Oil Corporation filled petroleum tanker more than what was supposed to be filled. Thereafter the tankers would unload the excess amount somewhere before reaching the destination.

(3.) It is specifically alleged that on 01.06.2020, several oil tankers loaded with petroleum products were detected in a place having a godown. The informant has alleged that the tankers were parked at that place for pilferage of petroleum products from the said tankers. According to the informant, the said place where the tankers were parked found belonging to Dinanath Sah and that place was managed by Pintu Sah and Samir Kumar Gupta @ Bablu. Accordingly, many containers having nearly 3000 liters of petrol, diesel and kerosene were recovered from the said godown. Many equipments used for off loading petroleum products from the tankers were also seized. On that day, Samir Kumar Gupta @ Bablu, Amar Buda Thaki, Santosh Tamang, Bikash Montaz, Nabin Bhujel, Narad Orang and Jitu Moni Gogoi were arrested by police.