BAIWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 29-7-1997 of Special Court. Ludhiana constituted under the Essential Commodities Act, 1955 (hereinafter referred to as the Act) whereby the prayer of the petitioner Balwinder Singh for the release of tanker on Superdari was refused.

(2.) This revision has arisen in the following circumstances: - Tanker No. HR-17-0 167 was taken into possession by the police of P.S. Focal Point. Ludhiana. in connection with FIR No. 94 of 1997 dated 10-5-1997 registered under Section 7 of the Act of 1955 at P.S. Focal Point. Ludhiana. The tanker was allegedly containing 3400 Its. of kerosene oil. It was taken into custody on 12-3-1997 by the police under Section 102 of the Code of Criminal Procedure. Later on, it was found that the kerosene oil contained in the tanker was colourless. It was on the basis of the report of the analysts that a case under Section 7 of the Act of 1955 was registered at P.S. Focal Point, Ludhiana.

(3.) Petitioners prayer for the release of the tanker on Superdari was declined by the Learned Special Court Ludhiana. In his prayer, the petitioner submitted that the said tanker was the only source of income to him and there was no proper place for its parking in the Police Station. It was likely to be damaged if it was allowed to remain in the Police Station. It was also submitted by him that the tanker was not required by police for the purposes of investigation. It was also submitted by him that if tanker; in question, was released on Superdari in his favour, he would undertake to produce the tanker on each and every date of hearing and he would not change its colour or dispose it of during the pendency of the case.