LAWS(P&H)-2013-1-623

HANS RAJ AND OTHERS Vs. STATE OF HARYANA

Decided On January 14, 2013
Hans Raj And Others Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioners seek quashing of FIR No. 34 registered under Sections 7/10/55 of Essential Commodities Act and 420/120-B IPC at Police Station Siwani, District Bhiwani. The petitioners also pray for quashing of all the subsequent proceedings arising thereto.

(2.) The star argument of the petitioners is that the black oil will not be covered and included in the definition of essential commodities and, accordingly, the FIR registered against the petitioners would be an abuse of process of the Court. Otherwise also, the counsel submits that there is not even a whisper in the FIR which revealed an offence under Section 420 IPC.

(3.) The State has filed reply and has disputed the contentions as raised in the petition. As per the reply filed, black oil is one of the essential commodities and as such would be covered under the purview of Section 7 of the Essential Commodities Act.