IRFAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer under Section 438 Cr.PC is for grant of anticipatory bail in case FIR No. 226 dated 6.10.2010 under Sections 420 IPC, 7/10/55 of the Essential Commodities Act, PS Madhuban, Karnal.

(2.) As per allegations in the FIR, the Petitioner alongwith his co accused Jamshed was intercepted while Jamshed was driving Tata 407 bearing registration No. UP-17-7271 transporting kerosene oil for smuggling purposes after having bought at cheap rates from depot holders in Haryana, which was otherwise meant for distribution to Below Poverty Line families through Public Distribution System. Alongwith the two accused another vehicle bearing No. HR 37-B 4853 being driven by Dharamvir and accompanied by one Bunty was also intercepted carrying 2000/200 liters of kerosene oil for similar purpose of similar nature.

(3.) Learned Counsel for the Petitioner submits that the Petitioner was not arrested at the spot. He is neither owner of the vehicle nor was found in possession of kerosene oil.